James v. Keyser

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARKEY JAMES, Petitioner, 20-CV-3468 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE WILLIAM F. KEYSER, Respondent.

LAURA TAYLOR SWAIN, United States District Judge: Petitioner brings this action pro se. Petitionersubmitted the application to proceed in forma pauperis (IFP application), that is, without prepayment of fees, 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).

Petitioneris directed to resubmit the signature page of the IFP application with an original signature to the Court within two weeks 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 Petitionerand note service on the docket. No answer shall be required at this time. IfPetitioner complies with this order, the Court shall process the case in accordance with the procedures of the Clerk’s Office. If Petitioner fails to comply with this order within the time allowed, the Court will dismiss the 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: May 7, 2020 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN United States District Judge Copy mailed to: Sharkey James DIN No. 15A3784 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116 NYW6 UNITED STATES DISTRICT COURT Sovthe rns DISTRICT OF NEW YORK Se Kne/tary 20-cv-3468 (Plaintif? or Petitioner) AFFIDAVIT IN SUPPORT _ OF REQUEST / aes TO PROCEED Lif fit f FAO IN FORMA PAUPERIS (Defe en the Sc □ Ge CY , am the plaintiff/petition in the above-entitled case. In support of m¥ motion to proceed without being required to prepay fees, costs, or give securi therefore, I state that because of my poverty Iam unable to pay the costs of said proceeding or to give security therefore ar that I believe I am entitled to redress.

I further declare that the responses which I have made to questions and instructions below are true.

1, Are you presently earning money? —- Yes _ No a a. If the answer is yes, state the ea of your Jie or wages per month, and give the name and address of yor employer. 74e: cn ff of. Oo b. Ifthe answer is no, state the date of last employment and the amount of the salary and wages per month which yc received. a , Y CEb rt 2. Have you received within the past twelve mogshs any money from any of the following sources: a, An empioyed spouse? Yes 4 No b. Business, profession, or form of self-employment? Yes __ No ¢. Rent payments, interest, or dividends? Yes No d. Pensions, annuities, or life insurance payments? Yes _ No {~ e, Gifts or inheritances? Yes No f. Any other sources including relatives or friends? Yes No If the answer to any of the above is yes, describe each source of money and state the amount received from eac during the past twelve months. SL SOO a tg a i How much cash do you have? PY How much money do you have in a checking account(s)? AP EF □ How much money do you have in a savings account(s)? A/V FEE you are an inmate of a correctional facility, state the amount of funds in’ your inmate account: Do you own real estate, stocks, bonds, notes, automobi es, or other valuable property (excluding ordinary househol furnishings and clothing)? Yes __ No een If the answer is yes, describe the property and state its approximate value, □ much you contribute toward their support. [4 a I declare under penalty of perjury that the foregoing is true and correct. □ Executed on [> : / QO (date)