Hankerson v. Unclaim Funds of Commissioner ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THERESA ANN HANKERSON, Plaintiff, 24-CV-2384 (LTS) -against- ORDER DIRECTING ORIGINAL UNCLAIM FUNDS OF COMMISSIONER, ET SIGNATURE AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted 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 page of the IFP application with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is 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: March 29, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge me UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK | } ovr f Ob fr bd OX. □□ (full name of the plaintiff or petitioner applying {each person a □□ must submit a separate application)) a □□□ □□ CV ( JAC -against- (Provide docket number, if available; if filing thiswith your complaint, you will not yet have a docket □□□□□□□□□ i A 4 □□□ i oF j fe oy! : fo. of 4 ony 4 wl. yf . ef , Hee y ORR AL □□ □□ ( EMEP seomere Ct Pew fe { ; 4 | □□ □□ I f a? of ? . . . oA ye . □□ AO □□□□ □ | , ‘Y j i) oo fhe a i | □□ 6 | } , , ° if f ( LE ? REM) i r. \ i & □□□□ ve _ plalte (tow US pHel deter tg gol, □□ □□ mo 4 pide i| be a oepool. 2 ( Ln yetnente □□□□□□ □□□ \ | (full/name(s) of the defendant(s)/respgndeat(s)) be / 4 . of □□□ TA CO AOTELE LHe ( phe 1 LSE Deering eA CE PAO! j ae. CoP pal De. APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS Iam a plaintiff/ petitioner in this case and declare that 1 am unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: . 1. Are you incarcerated? : [] Yes [ 4--No (lf “No,” go to Question 2.) I am being held at: IG Do you receive any payment from this institution? [_] Yes +" No Monthly amount: ee If J ama prisoner, see 28 US.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months, See 28 U.S.C. § 1915(a)(2), (b). | understand that this means that I will be’required to pay the full filing fee. oo 2. Are you presently employed? [] Yes [U-“No If “yes,” my employer's name and address are: Gross monthly pay or wages: Gf If “no,” what was your last date of employment? □ Gross monthly wagesatthe time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-ernployment [_] “Yes No (b} Rent payments, interest, or dividends kA Yes [ ] No (c) Pension, annuity, or life insurance payments [| Yes E}-No (d) Disability or worker’s compensation payments [] Yes fy No (e) Gifts or inheritances [] Yes [No Any other public benefits (unemployment, social security, (f) y Pp . ( ploy y Py Yes No food stamps, veteran’s, etc.) (g) Any other sources [lYes [ ] 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. BO Oy wr ee Ps TNS L x i Hf you answered “No” to all of the questions aboye, explain how you are paying your expenses: UNS fF tothe ROY PPE PR 4. How much money do you have in cash or ina checking, savings, or inmate account? 4 . i fone 1 +eylee deve pe pop, Bor fener leer [peeaiewtor, 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: [\i/ aL Aestres hos Koag Reon. □□ bem. \ / 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? ff so, describe ‘pre provide the amount of the monthly expense: Nob go sole } 4 \ i “ey hs q is i Ne Pe be | : fe PIAA A / □□ cat Ae ue of Me 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): nh WO 8. Doyou have any debts or financial obligations not described above? If so, describe the amounts owed... 4 ees □□ / 5S: □□ Haanf PYAY Py of SAIS ak my wy. and a whom they are payapley/ D hal he Lol w t iy hi ced foeeun □□ fer “ eee “fe os 5 i \ OMe A. pyeshet Een. deez ae \ é of □□ □□ by edb FF de / 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. □ Dated Signature Name (Last, First, MI) Prison Identification # (if incarcerated) □ gg ogee oe □□ “TeicphoneNumber E-mail Address {if available}