Rose v. Sapienza

District Court, S.D. New York

Rose v. Sapienza

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALEXIS ROSE, Plaintiff, 24cv1887 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE SAPIENZA ET AL, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted the amended 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 amended complaint 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: August 12, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge VERIFICATION State of New York ) ) ss.: County of Dutchess) Alexis Rose, being duly sworn, deposes and says: I am the plaintiff in the within action and I have read the foregoing Second Amendment Complaint pursuant to

28 U.S.C. § 1983

, 1988, complaint, and know the contents thereof, to the Plaintiffs own knowledge, except as to those matters stated to be alleged upon information and belief, and as to those matters Plaintiff believed to be true.

Sworn to before yhe this ALEXIS ROSE PLAINTIFF PRO SE | Daly of /tr_, 2024 GREEN HAVEN CORR. FACILITY | □□ ] E=pl| 594 RTE 216, P.O. BOX 4000 pata AH [Cc STORMVILLE, NY 12582 Notery Publ Stale of Now ¥ latery Public, Stata of New York Reg. No. 01PI6411972 a ‘ uy comin Caiesnee ZO

TO: LETITIA JAMES | ATTORNEY GENERAL OF THE STATE OF NEW YORK

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Reference

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