Opinion
22-CV-9834 (LTS)
11-21-2022
ELLIETT SHARPE, Petitioner, v. PATRICK MCFARLAND, Respondent.
ORDER DIRECTING ORIGINAL SIGNATURE
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Petitioner brings this action pro se. Petitioner submitted the petition without a signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name - or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock's day, a name handwritten (or a mark handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001).
Petitioner originally filed the petition in the United States District Court for the District of Massachusetts. See Sharpe v. Boncher, No. 22-CV-11879 (RGS) (D. Mass. Nov. 9, 2022). By order dated November 9, 2022, Judge Richard G. Stearns, of the District of Massachusetts, transferred the action to this court. (ECF 4.)
Petitioner is directed to resubmit the signature page of the petition with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order.
No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).
SO ORDERED.
Declaration Under Penalty Of Perjury
If you are incarcerated, on what date did you place this petition in the prison mail system:____
I declare under penalty of perjury that I am the petitioner, I have read this petition or had it read to me, and the information in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis for prosecution for perjury.