McNeil v. NYC HHC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIE R. MCNEIL, III, Plaintiff, 23-CV-10015 (LTS) -against- ORDER DIRECTING SIGNATURE NYC HHC, ET AL., Defendants.

LAURA TAYLOR SWAIN, Chief 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 to the Court, with his signature, within thirty days of the date of this order.1 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 once Plaintiff has paid the filing fees or requested leave to proceed in forma pauperis. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed.

1 The rules on submission of a pro se complaint by email permit a litigant to “sign” the complaint by typing, for example, “/s/ Willie McNiel” in the signature line. Plaintiff’s complaint, which was submitted by email, leaves the signature line blank.

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 15, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge