Adams v. The Co Op City Police Department et al

Filing 3

ORDER DIRECTING ORIGINAL SIGNATURE AND PAYMENT OF FEE OR AMENDED IFP APPLICATION: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court directs Plaintiff, within thirty days of the date of this order, to complete, sign, and submit the attached declaration form, and either pay the $402.00 in filing fees that are required to file a civil action or submit an amended IFP application. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).( Signature Page and Amended In Forma Pauperis (IFP) Application due by 4/30/2021.) (Signed by Judge Colleen McMahon on 3/31/2021) (Attachments: #1 Declaration, #2 Amended IFP Application) (ees) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDWARD ADAMS,
Plaintiff,

21-CV-2675 (CM)

-againstCO-OP CITY POLICE DEPARTMENT, et
al.,

ORDER DIRECTING ORIGINAL
SIGNATURE AND PAYMENT OF FEES
OR AMENDED IFP APPLICATION

Defendants.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff brings this action pro se. For the reasons discussed below, within thirty days of
the date of this order, Plaintiff must submit the attached declaration, and either pay the $402.00
in filing fees that are required to file a civil action in this Court or submit an amended in forma
pauperis (IFP) application.
DISCUSSION
A.

Original Signature on Complaint
Plaintiff submitted the complaint 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.” Fed. R. Civ. P. 11(a); see 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).
To cure the complaint’s lack of signature, Plaintiff is directed to complete, sign, and
submit the attached declaration form to the Court within thirty days of the date of this order. By
signing and submitting the declaration, Plaintiff is attesting that he is the party who brings this
action.

B.

Filing Fees or Amended IFP Application
Further, to proceed with a civil action in this Court, a plaintiff must either pay $402.00 in

fees – a $350.00 filing fee plus a $52.00 administrative fee – or, to request authorization to
proceed without prepayment of fees, submit an IFP application. See 28 U.S.C. §§ 1914, 1915.
Plaintiff filed this action with a motion for leave to proceed IFP on appeal, but his
responses to the questions do not establish that he is unable to pay the filing fees. Plaintiff does
not provide any information concerning his income and financial situation, simply responding
“0” or “N/A” to all questions on the application. Because Plaintiff fails to supply sufficient
information about his employment, income, expenses, and any assets he may have, the Court is
unable to conclude that he lacks sufficient funds to pay the filing fees for this action.
Accordingly, within thirty days of the date of this order, Plaintiff must either pay the
$402.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP
application, it should be labeled with docket number 21-CV-2675 (CM), and address the
deficiencies indicated above by providing facts establishing that he is unable to pay the filing
fees. Plaintiff must answer each question on the amended IFP application, state all sources of
income and all monthly expenses, and describe how he is able to support himself. If the Court
grants the amended IFP application, Plaintiff will be permitted to proceed without prepayment of
fees. See § 1915(a)(1).
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. No summons shall issue at this time.
The Court directs Plaintiff, within thirty days of the date of this order, to complete, sign,
and submit the attached declaration form, and either pay the $402.00 in filing fees that are

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required to file a civil action or submit an amended IFP application. If Plaintiff complies with
this order, this action 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 Court will dismiss this
action.
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 IFP 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.
Dated:

March 31, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge

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