Jimenez v. Bank of Nova Scotia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MELODY M. JIMENEZ, Plaintiff, 23-CV-7285 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE BANK OF NOVA SCOTIA, ET AL., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted the complaint and the pro se consent to receive electronic service form without signatures. 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 pages of the complaint and the pro se consent to receive electronic service form with original signatures to the court within thirty days of the date of this order. Copies of the signature pages are 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 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: August 31, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge VII. 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 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 agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may 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.

Dated Piaintiff’s Signature Melody M Jimenez .

First Name Middle Initial Last Name East 163rd street Apt 6F Street Address Bronx New York 10451 County, City State Zip Code 929.426.0500 [email protected] Telephone Number Email Address {if available) I have read the attached Pro Se (Nonprisoner) Consent to Receive Documents Electronically: Yes ONo 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.

Page 7 CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case{s} listed below. I affirm that: 1. [have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. have established a PACER account; 3. [understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, ‘and thet I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4. [ will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if | wish to cancel this consent to electronic service; filing; and cae 6. lunderstand that this consent applies only to the cases listed below and that if] file additional cases in which I would like to receive electronic service of notices of documents, | must file consent forms for those cases. oo Civil case(s) filed in the Southern District of New York: Note: This consent will apply to all cases that you have filed in this court, so please list all of your pending and terminated cases. For each case, include the case name and docket number (for example, John Doe v. New City, 10-CV-01234).

Melody Jimenez v. Bank Of Nova Scotia M-E-LNORS-20-88181-E EEOC No: 4FBF-2020-DO 250 Gv Melody M Jimenez Name {Last, First, MI} Vessey Street Bronx NY 10451 Address City State Zip Code 929.426.0500 [email protected] Telephone Number E-mail Address Date , Signature Return completed form to: Pro Se Intake Unit (Room 200) □ 4 Pearl Street ( New York, NY 10007 □□ OS 94 ony ezez □□ 7 fei’ 38 OS fils fare CS