Kelson v. Pitters

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISAIAH KELSON, Plaintiff, 22-CV-9787 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE T. PITTERS, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. He submitted an application to proceed in forma pauperis (IFP), that is, without prepayment of fees, but he did not sign it. 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 IFP application 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.

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 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: November 17, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge (c) Pension, annuity, or life insurance payments [] Yes of, No (d) Disability or worker's compensation payments [] Yes af Neo (e} Gifts or inheritances [ ] Yes a No Any other public benefits (unemployment, social security, C Yes CY No food stamps, veteran’s, etc.) (g) Any other sources [] Yes No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

If you answered “No” to all of the questions above, explain how you are paying your expenses: from the little money that receive from facility wages 4. How much money do you have in cash or in a checking, savings, or inmate account? none 5. Do you own any automobile, real estate, stock, bond, security, trust, jeweiry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: no 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense: 7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): none 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed. and to whom they are payable: TioTle Declaration: 1 declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.

Dated Signature Isaish Kelson #20-A-1030 Name (Last, First, M} } Prison Identification # (if incarcerated) Green Haven Correctional Facility, Box 4000, Stormville, New York 12582 Address City State Zip Code Telephone Number E-mail Address {if available) IFP Application, page 2