Torres v. Commissioner of Social Security

ELECTRONICALLY | DOC #: __.

DATE FILED: 11/9/2021 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARLENE TORRES o0/b/o C.K.C., Plaintiff, 21-CV-1957 (AJN) ~against- ORDER DIRECTING ORIGINAL COMMISSIONER OF SOCIAL SECURITY, SIGNATURE Defendant.

ALISON J. NATHAN, United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted the complaint 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).

Plaintiff is directed to resubmit the signature page of the complaint with an original signature to the Court within thirty days of the date of this order. A copy of the signature page 1s attached to this order.

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 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: November 9, 2021 - ig New York, New York ALISON J. NATHAN United States District Judge PLAINTIFF’S CERTIFICATION

By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11.

I agree to provide the Clerk's Office with any changes to my address. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case.

You must sign and date the complaint. Attach additional pages if necessary. You must also either pay the filing fee or submit an application to proceed without prepayment of fees.

3/4/2021 Dated Plaintiff’s Signature Darlene Torres First Name Middle Initial Last Name East 196th Street Apt 5A Plaintiff’s Address Bronx NY 10458 County, City State Zip Code 47-435-8876 T [email protected] Telephone Number Email Address (if available) I have read the attached Pro Se (Nonprisoner) Consent to Receive Documents Electronically: ☐n Yes ☐n No If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.