Santos v. Orange County Correctional Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : ANYELOS ANGELES SANTOS, : : Petitioner, : : 21-CV-1759 (JMF) -v- : : ORDER DIRECTING ORANGE COUNTY CORRECTIONAL FACILITY, et : ORIGINAL SIGNATURE al., : : Respondents. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: Petitioner brings this action pro se. Petitioner submitted the petition 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).

Petitioner is directed to resubmit the signature page of the petition 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 Petitioner and note service on the docket. If Petitioner fails to comply with this order within the time allowed, the action may 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 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 8, 2021 New York, New York JESS “FURMAN nited States District Judge (Rev. 09/17) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 SSS ee Declaration Under Penalty Of Perjury If you are incarcerated, on what date did you place this petition in the prison mail system: ee declare under penalty of perjury that I am the petitioner, I have read this petition or had it read to me, and the in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis prosecution for perjury.

02/25/2021 Signature of Petitioner a A ag □□ Zs ee, — : ig. sore of Atforney or other authorized person, YLany