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
NKOSI S. BROWN,
Plaintiff,
28-CV-2824 (LTS)
-against-
ORDER DIRECTING ORIGINAL
SIGNATURE AND ADDRESS
DWAYNE A. NASH, ET AL.,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff
must either pay $405.00 in fees – a $350.00 filing fee plus a $55.00 administrative fee – or, to
request authorization to proceed without prepayment of fees, submit a signed IFP application.
See 28 U.S.C. §§ 1914, 1915. In addition, 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 submitted an unsigned complaint and an incomplete and unsigned IFP
application. Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in
fees or submit the attached IFP application and complaint signature page. If Plaintiff submits the
IFP application and complaint signature page, they should be labeled with docket number 24-
CV-2824. If the Court grants the IFP application, Plaintiff will be permitted to proceed without
prepayment of fees. See 28 U.S.C. § 1915(a)(1).
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.1
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 18, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
1 Because Plaintiff failed to provide an address, the clerk’s office will not be able to mail
this order to him. If Plaintiff receives this order, he is alerted that he must provide an address to
the Court. See the March 18, 2024 Standing Order.