Braithwaite v. Rivera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMBER BRAITHWAITE, Plaintiff, 23-CV-11175 (LTS) -against- ORDER DIRECTING ORIGINAL NORBERTO RIVERA; NEW YORK SIGNATURE COLLATERAL RECOVERY CORP., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, appearing pro se, filed this complaint via email. Plaintiff used the court’s seven- page general complaint form, but she failed to submit page seven of the form which includes Section V of the form titled, “Plaintiff’s Certification and Warnings.” This page includes spaces for Plaintiff to sign and date the complaint and to input other identifying information, including address, telephone number, and email address.

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 complete, sign, and submit the signature page of the complaint with an original signature to the court within thirty days of the date of this order. A blank 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 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: April 15, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge