Scales v. Webster Bank

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIAM SCALES, Plaintiff, 23-CV-7607 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE WEBSTER BANK, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted both the complaint and the application to proceed without prepayment of fees (IFP application) without a 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.” 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 resubmit the signature pages of the complaint and the IFP application with an original signature to the Court within thirty days of the date of this order. Copies of the signature pages are 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: August 29, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge V. 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 (such 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 agree to notify the Clerk's Office in writing of any changes to my mailing address. I 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.

08/22/23

Dated Plaintiff’s Signature William Scales First Name Middle Initial Last Name 60 E 112th street apt 509

Street Address New York NY 10029

County, City State Zip Code 347-781-6199 Scales@live.com Telephone Number Email Address (if available)

I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: ☐ Yes 4☐ No If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form. (c) Pension, annuity, or life insurance payments Yes n No (d) Disability or worker’s compensation payments Yes No (e) Gifts or inheritances Yes No (f) Any other public benefits (unemployment, social security, Yes No food stamps, veteran’s, etc.) (g) Any other sources Yes 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.

If you answered “No” to all of the questions above, explain how you are paying your expenses: Im currently self employed but haven't been able to launch any of my

companies and thus the reason I'm filing these lawsuits today. 4. How much money do you have in cash or in a checking, savings, or inmate account? My business checking is -$50 and closed, and my personal checking $100. 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:

Automobile currently financed -$360 monthly. 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:

Yes, Monthly expenses are disclosed in my financial statement. 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): Im the only source of income in a house of 5, Daisy Scales spouse, William Scales child(child support), Clear scales child, Caylee scales child, Cora 8. Dsoc ayoleus h cavheil dan.y debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable:

Yes, Financial debts are described in my attached financial statement. 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. 08/22/23

Dated Signature Scales William Name (Last, First, MI) Prison Identification # (if incarcerated) 60 E 112th street apt 509 New York NY 10029

Address City State Zip Code 347-781-6199 Scales@live.com Telephone Number E-mail Address (if available)