Summa V New York State Department Of Corrections

Plaintiffs Robert Summa and Angel Garcia filed a pro se action against the New York State Department of Corrections. The court ordered Plaintiff Garcia to resubmit the signature page of the complaint with an original signature within thirty days of this order, as Rule 11(a) requires every pleading to be signed by at least one attorney of record or by a party personally if unrepresented. If Garcia fails to comply, he will be dismissed from the action. The court also denied in forma pauperis status for any appeal from this order.

This order addresses the signature requirements under Rule 11(a) of the Federal Rules of Civil Procedure. Plaintiff Garcia did not sign the complaint, and the Court directs him to resubmit the signature page with an original signature within thirty days. Failure to comply will result in dismissal from the action.

The court directed Plaintiff Angel Garcia to resubmit the signature page of the complaint with an original handwritten signature within thirty days of this order. The court denied in forma pauperis status for any appeal from this order. If Garcia complies with the order, the case will be processed normally; if he fails to comply, he will be dismissed from the action.

Rule 11(a) of the Federal Rules of Civil Procedure requires that every pleading, written motion, and other paper must be signed by at least one attorney of record or by a party personally if unrepresented. The Supreme Court has interpreted Rule 11(a) to require a name handwritten or a mark handplaced, as stated in Becker v. Montgomery, 532 U.S. 757, 764 (2001). The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, denying in forma pauperis status for appeal purposes.

United States Code

Laura Taylor Swain