holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
How later courts described this case
- holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHAMONE BROWN,
Plaintiff,
20-CV-2144 (CM)
-against-
ORDER DIRECTING ORIGINAL
WARDEN NYCDOC MDC;
SIGNATURE
CORRECTIONAL OFFICER JOHN DOE 1 &
2; CITY OF NEW YORK,
Defendants.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff, currently incarcerated in Downstate Correctional Facility, brings this action pro
se. Plaintiff submitted both the application to proceed in forma pauperis (IFP), that is, without
prepayment of fees, and the prisoner authorization without 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.” 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 IFP application and the prisoner
authorization with original signatures to the Court within thirty days of the date of this order. A
copy of each signature page is attached to this order.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. No summons shall issue at this time. If Plaintiff complies with this order, the Court
will process the case 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 the 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 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: March 16, 2020
New York, New York huh Wyk
Chief United States District Judge
(©) Pension, annuity, or life insurance payments [] Yes © [yl No
(d) Disability or worker’s compensation payments . [] Yes . ‘TA No □
(e) Gifts or inheritances [] Yes a No
(f) Any other public benefits (unemployment, social security, : tM
food stamps, veteran's, etc.) _ LC] Yes. Xd □□
(g) Any other sources [J Yes LA 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:
How much money do you have in cash or in a checking, savings, or inmate account? 0
. 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:
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: No □
7. List all people who are dependent on you for support, your relationship witheach person,andhow.
much you contribute to their support (only provide initials for minors under 18): oO
8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed □
and to whom they are payable:
: □ : . ‘ . N 0
"Declaration: 1 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. ==
_-2!-25l'2020 _
Dated Signature .
SHAMONE BROBIN -
Name (Last, First, Ml) . "Prison Identification # incarcerated) □
OHCC 1600 HAZEN STREET EAST ELMHURST, NY 11370 |
Address City “State Zip Code : □□
Telephone Number SS "E-mail Address (if available)
IFP Application, page 2
UNITED STATES DISTRICT COURT □
. SOUTHERN DISTRICT OF NEW YORK □
SHAMONE BROWN 20 CV 21 44
{full name of the plaintiff/petitioner) 7 ‘
VM END
□ -against- (Provide docket number, if available; if filing this with your
complaint, you will not yet have a docket number.)
. .
NVYCDOC MDC ; ET AL : Sg
. . mf
oo □□□
gS
(full name(s) of the defendant(s)/respondent(s}) , : oe □□ © rm
PRISONER AUTHORIZATION = Qo
. □
By signing below, I acknowledge that: . 3 Q
(1) because I filed this action as a prisoner,1 Iam 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;
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: .
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 I was incarcerated during the past
six months); a □□ □
(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. .
_2tesleneg Mo
Date □ Signature .
RBROUN, SHAMONE 3494902501. □□
Name (Last, First, MI) Prison identification#
REC 7600 HAZEN STREET EAST ELMHURST, NY 1 370
Address . City State ZipCode.
"A “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).
SDNY Rev. 10/26/16 . □