Jessamy v. Lamanna

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THOMAS L. JESSAMY, Petitioner, 1:21-CV-9242 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURES AMY LAMANNA, Superintendent, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner brings this action pro se. Petitioner submitted his petition for a writ of habeas corpus and his application to proceed in forma pauperis (“IFP application”) without original signatures. 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.” Fed. R. Civ. P. 11(a); see Local Civil Rule 11.1(a)(3). 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). Petitioner is directed to resubmit the signature pages of his petition and IFP application with original signatures to the court within 30 days of the date of this order. Copies of the signature pages are attached to this order. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner complies with this order, this action shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner fails to comply with this order within the time allowed, the petition will be denied. 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: November 9, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge