Williams v. Woods

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TERRELL WILLIAMS, Petitioner, 1:25-CV-2620 (LTS) -against- ORDER DIRECTING SIGNATURE JAMES WOODS, Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. The petition that Petitioner submitted is unsigned. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed . . . by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a); see Becker v. Montgomery, 532 U.S. 757, 764 (2001) (interpreting Rule 11(a) to require, “as it did in John Hancock’s day, a name handwritten (or a mark handplaced)”).

Petitioner is directed to sign and submit the attached petition within 30 days of the date of this order. No summons or answer shall issue at this time. If Petitioner Terrell Williams complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner Terrell Williams fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

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 4, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge AO 241 (Rev. 09/17) (2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shal! not be counted toward any period of limitation under this subsection, Therefore, petitioner asks that the Court grant the following relief: ] from him from □□□□□□□□□□□□□□□□□□□□□□ the state to hear his direct appeal or ——-immediately release him from or any other relief to which petitioner may be entitled, oe Signature of Attorney (if any) I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this Petition for Writ of Habeas Corpus was placed in the prison mailing system on (month, date, year). ae Executed (signed) on (date). ee rr □ Signature of Petitioner if the person signing is not petitioner, state relationship to petitioner and explain why petitioner is not signing this petition, a