Wilson v. John Doe

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER WILSON, Plaintiff, 1:25-CV-0920 (LTS) -against- ORDER DIRECTING SIGNATURE (incarcerated individuals) JOHN DOE, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. He submitted an application to proceed without prepayment of fees (“IFP application”), but it is incomplete and without a signature. Rule 11(a) of the Federal Rules of Civil Procedure (“Rule 11(a)”) 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.” Fed. R. Civ. P. 11(a). The Supreme Court of the United States 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 and sign the second page (the signature page) of his IFP application, and submit it to the court, within 30 days of the date of this order. A copy of the second page (signature page) of his IFP application is attached to this order.

No summons shall issue at this time. If Plaintiff complies with this order, this action 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 Court will dismiss this action.

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: February 12, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge