Munoz v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMIAS MUNOZ, Movant, 19-CV-11907 (DAB) -against- 17-CR-0662-4 (DAB) UNITED STATES OF AMERICA, ORDER RR Respondent.

DEBORAH BATTS, United States District Judge: Movant brings this action pro se. Movant submitted the motion 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).

CONCLUSION Movant is directed to resubmit the signature page of the motion 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.

The Clerk of Court is directed to mail a copy of this order to Movant and note service on the docket.

SO ORDERED.

Dated: January 8, 2020 New York, New York | h □□ B te DEBORAH A, BATTS United States District Judge WdoG LOVELY EOLA GU I ee Ye ae UI ae □ a6 (Rev, OWISy Te Page □□ Therefore, movant asks that the Court grant the following relief! VACATE CONVITION orany other teliefto which movantmay beeniilled = oe ee Signature of Attorney (ifany) declare (or certify, verify, ar state) under penalty of perjury that the foregoing is true and correct and that this Motion under 28 U.S.C. § 2255 was placed in the prison mailing system on (month, date, year) Bxecuted (signed) on (date) Signature of Movant If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion.