Figueroa v. N.Y.C. Health & Hospital Corp.

District Court, S.D. New York

Figueroa v. N.Y.C. Health & Hospital Corp.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WELCLEN FIGUEROA, Plaintiff, 1:25-CV-4165 (LTS) -against- ORDER DIRECTING SIGNATURE N.Y.C. HEALTH & HOSPITAL CORP.; ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted the complaint, the application to proceed without prepayment of fees ("IFP application"), and the prisoner authorization each without an original 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.” 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 submit each of the signature’s page attached to this order, the complaint, the application to proceed without prepayment of fees ("IFP application"), and the prisoner authorization with an original signature to the Court within thirty days of the date of this order. A copy of the signature pages 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: May 27, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge VII. PLAINTIFF'S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (stich as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. I understand that if I file three or more cases while J am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases. I also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required. I agree to provide the Clerk's Office with any changes to my address. J understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated Plaintiff's Signature

First Name Middle Initial Last Name

Prison Address

Date on which | am delivering this complaint to prison authorities for mailing:

Page 6

Yo (c) Pension, annuity, or life insurance payments L] Yes No (d) Disability or worker’s compensation payments [] Yes Leh No (e) Gifts or inheritances [] Yes LJ No (f) Any other public benefits (unemployment, social security, , food stamps, veteran’s, etc.) 0 Yes LJ Dio (g) Any other sources [] Yes LV No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. , jf K / A. If you answered “No” to all of the questions abdve, explain how you are paying your expenses: pe Bi 4} 4. How much money do you have in cash or ir/a checking, savings, or inmate account? ‘ / ff fVi/A 5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: A // A VY / 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense:

7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): Hh f fy 4 C / 4} 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable: A / f cL Y / ff Declaration: I declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.

Dated Signature / Vb + Fie 4 ( 4 Ei gQ¢ 2 f eC /4 C7 Name (Last, First, Ml) / Prison Identification # (if incarcerated} = } 1 pa Dx LS00 tfA2tn) <P LE Euphunsf ALY J/3 76 Address City State Zip Code ALS # AS / A Telephone Nuyhber E-mail Address (if available)

IFP Application, page 2

inp i ee SS □□ UNITED STATES District Court! | [ )) [A (5 ls | Wy □□ □□ ct SA ET □□ SOUTHERN DISTRICT OF NEW =o — ny | | \| MAY 14 2005 □□ Sé [ A ms 4 ed MO ClEx Lf 4.26 OA 1p im MCcrier (full name of the plaintiff/petitione Ye A ‘6 SF Pie Law 4A POP) -against- (Provide docket number, if available; if filing this with your pfs » fd complaint, you will not yet have a docket number.) / BATT 7 NYC. bp Syoe / Bell ve Hore SL2 Bet po« nay a Ewe (full name(s) of the defendant(s)/respondent(s)) /

PRISONER AUTHORIZATION By signing below, I acknowledge that: (1) because I filed this action as a prisoner, I am required by statute (

28 U.S.C. § 1915

) to pay the full filing fees for this case, even if I am granted the right to proceed in forma pauperis (IFP), that is, without prepayment of fees; (2) the full $350 filing fee will be deducted in installments from my prison account, even if my case is dismissed or I voluntarily withdraw it. I authorize the agency holding me in custody to: (1) send a certified copy of my prison trust fund account statement for the past six months (from my current institution or any institution in which | was incarcerated during the past six months); (2) calculate the amounts specified by

28 U.S.C. § 1915

(b), deduct those amounts from my prison trust fund, and disburse those amounts to the Court. This authorization applies to any agency into whose custody I may be transferred and to any other district court to which my case may be transferred.

Date Signature CF (ve a 9 £} a ©) f S we Name (Last, First, Ml) ‘Prison Identification # } 9 J6é Hy A PE ad S$ 7 E □□□ Livls fv YW ML ATP Address City State Zip Code

TA “prisoner” is “any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program.”

28 U.S.C. § 1915

(h). CMAIV Deu, 1N/9e/Ac

Reference

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