Kelson v. Pitters
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 due by 12/19/2022. (Signed by Judge Laura Taylor Swain on 11/17/2022) (sha)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ORDER DIRECTING ORIGINAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. He submitted an application to proceed in forma
pauperis (IFP), that is, without prepayment of fees, but he did not sign 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 handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001).
Plaintiff is directed to resubmit the signature page of the IFP application 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 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.
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).
November 17, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
Case 1:22-cv-09787-UA Document 1 Filed 11/16/22 Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?