Opinion

Opinion

Court
District Court, S.D. New York
Filed
May 20, 2026
Cited by
0 cases
Authority
More cited than 41.7%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JOAQUIM PEDRO DE MORAIS FILHO,

Plaintiff,

26-CV-2735 (LTS)

-against-

ORDER DIRECTING SIGNATURE

GOOGLE LLC, APPLE INC., MICROSOFT

CORPORATION, META PLATFORMS INC.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff brings this action pro se. By order dated April 9, 2026, the Court issued an order

directing Plaintiff to pay $405.00 in fees or to submit an application to proceed in forma

pauperis (“IFP”) within 30 days. On May 9, 2026, the Court received an “Application to Appeal

In Forma Pauperis Affidavit in Support of Motion,” which the Court construes as an application

to proceed IFP. Though timely filed, it is unsigned. For the reasons below, the Court directs

Plaintiff to resubmit a signed IFP application.

The IFP application that Plaintiff submitted is unsigned. Rule 11(a) of the Federal Rules

of Civil Procedure, however, provides that “[e]very pleading, written motion, and other paper

must be signed . . . by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a); see

Becker v. Montgomery, 532 U.S. 757, 764 (2001) (interpreting Rule 11(a) to require, “as it did in

John Hancock’s day, a name handwritten (or a mark handplaced)”).

Plaintiff is therefore directed to complete, sign and submit the attached amended IFP

application within 30 days of the date of this order. The signed document must be labeled with

docket number 26-CV-2735 (LTS).

If Plaintiff mails the signature page to the court, or files it in person, Plaintiff must

comply with Rule 11(a) by signing the document.

If Plaintiff submits the document by email, to ProSe@nysd.uscourts.gov, Plaintiff may

use a digital signature or a typed name with /s/ (“/s/ Joaquim Pedro De Morais Filho”) on the

signature line. See Local Civil Rule 5.2 (“Any document submitted . . . [by email] must be signed

by the party in one of the following ways: (a) by signing the document and then scanning it; (b)

by using a digital signature; or (c) by typing: “/s/ [Party’s Name].”).

CONCLUSION

Plaintiff is directed to complete, sign and submit the attached amended IFP application

form within 30 days of the date of this order.

No summonses 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 without prejudice.

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 20, 2026

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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