Opinion
22-CV-5819 (LTS)
07-08-2022
NAQUAN POSLEY, Plaintiff, v. NEW YORK CITY; NEW YORK CITY DEPARTMENT OF CORRECTIONS, Defendants.
ORDER DIRECTING ORIGINAL SIGNATURE
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Plaintiff Naquan Posley, who is currently detained at the Anna M. Kross Center (AMKC), brings this action pro se. He submitted the complaint without having signed it. 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 hand placed).” Becker v. Montgomery, 532 U.S. 757, 764 (2001).
The complaint repeatedly refers to Andre Antrobus, a fellow AMKC detainee who is also a frequent litigant in this Court. See, e.g., Antrobus v. Molina, No. 22-CV-4780 (S.D.N.Y.) (pending). Posley's complaint appears to have been written in Antrobus's distinctive handwriting. It is therefore particularly important to ascertain that Posley intends to file this action as plaintiff and understands the consequences of doing so (for example, that a $350.00 filing fee will be withdrawn from his inmate account in installments, and that if he brings three actions while a prisoner that are dismissed on qualifying grounds, he will be disqualified under 28 U.S.C. § 1915(g) from proceeding in forma pauperis in future actions filed as a prisoner).
Plaintiff is directed to resubmit to the Court, within thirty days of the date of this order, the signature page of the complaint with an original signature. A copy of the unsigned complaint, including the signature page, is attached to this order.
No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice.
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.