Bahamundi v. Zaplethal et al

Filing 6

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 Clerk of Court is directed to assign this matter to my docket. 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 4/7/2025. (Signed by Judge Laura Taylor Swain on 3/6/25) (Attachments: #1 Supplement complaint signature page) (bl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GILBERT BAHAMUNDI,
Plaintiff,
-againstALEXANDRE ZAPLETHAL, et al.,

25-CV-412 (LTS)
ORDER DIRECTING SIGNATURE

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. The complaint that Plaintiff submitted is unsigned. Rule
11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion,
and other paper must be signed . . . by a party personally if the party is unrepresented.” Fed. R.
Civ. P. 11(a); see Becker v. Montgomery, 532 U.S. 757, 764 (2001) (interpreting Rule 11(a) to
require, “as it did in John Hancock’s day, a name handwritten (or a mark handplaced)”). 1
Plaintiff is directed to sign and submit the attached signature page within 30 days of the
date of this order. If Plaintiff returns the signed document by mail or in person, it must have a
handwritten signature that complies with Rule 11(a). If Plaintiff submits the document by email,
to [e-mail], Plaintiff may use instead an electronic signature or a typed name
with /s/ (“/s/ Gilbert Bahamundi”) on the signature line. The signed document must be labeled
with the docket number 25-CV-411 (LTS).

1

Although a “typed name” does not satisfy Rule 11(a)’s signature requirement, the
Supreme Court affirmed the right of courts “by local rule [to] permit papers to be filed, signed, or
verified by electronic means.” Becker, 532 U.S. at 764. Under this court’s local rules, where a
document is filed in accordance with the SDNY Electronic Case Filing (“ECF”) Rules &
Instructions (“ECF Rules”), the filing complies with the local rules. See Local Civil Rule 5.2.
Rule 1.1 and Appendix C of the ECF Rules authorize self-represented parties to sign documents
submitted to the court by email using an electronic signature or typed name with /s.

No summons or answer 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.
Dated:

March 6, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

2