UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELLIETT SHARPE, Petitioner, 22-CV-9834 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE PATRICK MCFARLAND, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner brings this action pro se.1 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,

(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. No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed.

1 Petitioner originally filed the petition in the United States District Court for the District of Massachusetts. See Sharpe v. Boncher, No. 22-CV-11879 (RGS) (D. Mass. Nov. 9, 2022). By order dated November 9, 2022, Judge Richard G. Stearns, of the District of Massachusetts, transferred the action to this court. (ECF 4.) The Court certifies under

(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,

, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED.

Dated: November 21, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge AO 242 (Rev. 09/17) Petition for a Writ of Habeas Corpus Under

Declaration Under Penalty Of Perjury If you are incarcerated, on what date did you place this petition in the prison mail system:

I declare under penalty of perjury that I am the petitioner, I have read this petition or had it read to me, and the information in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis for prosecution for perjury.

Date: Signature of Petitioner

Signature of Attorney or other authorized person, if any