Posley v. New York City

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NAQUAN POSLEY, Plaintiff, 22-CV-5819 (LTS) -against- ORDER DIRECTING ORIGINAL NEW YORK CITY; NEW YORK CITY SIGNATURE DEPARTMENT OF CORRECTIONS, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Naquan Posley, who is currently detained at the Anna M. Kross Center (AMKC), brings this action pro se. He submitted the complaint without having signed it.1 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 hand placed).” Becker v. Montgomery, 532 U.S. 757, 764 (2001).

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

1 The complaint repeatedly refers to Andre Antrobus, a fellow AMKC detainee who is also a frequent litigant in this Court. See, e.g., Antrobus v. Molina, No. 22-CV-4780 (S.D.N.Y.) (pending). Posley’s complaint appears to have been written in Antrobus’s distinctive handwriting. It is therefore particularly important to ascertain that Posley intends to file this action as plaintiff and understands the consequences of doing so (for example, that a $350.00 filing fee will be withdrawn from his inmate account in installments, and that if he brings three actions while a prisoner that are dismissed on qualifying grounds, he will be disqualified under 28 U.S.C. § 1915(g) from proceeding in forma pauperis in future actions filed as a prisoner).

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 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: July 8, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge a a UNITED STATES DISTRICT COURT - RECEIVED RECEIVED SOUTHERN DISTRICT OF NEW YORK | SDNY PRO SE OFFICE W400 ef? GoelOY 2027 JUL -6 AMO 4S No. Write the full name of each plaintiff. , (To be filled out by Clerk’s Office) Ay -against- — COMPLAINT x (Prisoner) .

7 Do you want a jury trial?

NYC DHE! Of CBELIAE MOS OYes ONo LP’ LOL Write the full name of each defendant. If you cannot fit the names of all of the defendants in the space provided, please write “see attached” in the space above and attach an □□ additional sheet of paper with the full list of names. The os names listed above must be identical to those contained in Section IV. □ NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual's birth; a minor’s initials; and the last four digits of a financial account number.

See Federal Rule of Civil! Procedure 5.2.

Rev. 5/6/16 1 , LEGAL BASIS FOR CLAIM State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a “Bivens” action (against federal defendants).

C] Violation of my federal constitutional rights oo Other: Il. PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary. , First Name Middle Initial Last Nam State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit.

Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency and the ID pyimber (such as your DIN or NYStD) under which you were held) Current Place of Detention Ly SESI BELLI Gf Institutional Address L250 . Krbf LE County, City Sta Zip Code Ill. . PRISONER STATUS oe Indicgte below whether you are a prisoner or other confined person: Pretrial detainee Civilly committed detainee □□ Immigration detainee O Convicted and sentenced prisoner (1 Other: Page 2 ‘IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant.

Make sure that the defendants listed below are identical to those listed in the captjgn. Attach additional pages as necessary. ee”. of Ss Defendant 1: Lb Geo Z Lie lOO LI: LL, ALLO S FirsfName ast Name Shield # C 1g AG (or other igentifyipg information) Go □□□ / Ea urrent Work LIS Kos og County, City Ye ZS Zip Code Defendant 2: Vo AA C LA First Name Last Name Shield # Curpenylob-Title for other j ee Ge f7 Current Work Addres hte (C4 YKLbEE- County, City State Zip Code Defendant 3: .

First Name Last Name Shield # Current Job Title (or other identifying information) Current Work Address □ County, City State Zip Code Defendant 4: First Name Last Name Shield # Current Job Title (or other identifying information) Current Work Address County, City State Zip Code Page 3 V. | STATEMENT OF CLAIM □ Place(s) of occurrence: Lf SE, AE Le 7 (J □ LO Date(s) of occurrence: Lb Ce fiZ~ 7 Loo AO’; rk 2 le fE BE, □□ □□ FACTS: .

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VIt. PLAINTIFF’S CERTIFICATION AND WARNINGS 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 anonfrivolous argument to change existing law; (3) the factual contentions have □ evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11.

I understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases.

I also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required.

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.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to □ proceed without prepayment of fees, each plaintiff must also submit an IFP application.

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Date on which | am delivering this complaint to prison authorities for mailing: Page 6 co □□ \ 5 □ Po a EN Z 4 Ly Som, Eig AK fl.

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