Munoz v. United States
- Paul Engelmayer
- 1:19-cv-11907
- U.S. District Court · Southern District of New York
- 2
In Munoz v. United States, Judge Batts ordered pro se movant Jeremias Munoz to resubmit a signed motion page within 30 days.
Jeremias Munoz must provide an original signature on the motion’s signature page within 30 days; the Clerk of Court must mail him the order and record service.
What happened
In Munoz v. United States, Jeremias Munoz filed a motion without a signature while representing himself. The attached form identifies the motion as one seeking relief under 28 U.S.C. § 2255 and asks to vacate his conviction.
The court explained that Federal Rule of Civil Procedure 11(a) and a local rule require an unrepresented party to personally sign a written motion. The court also cited the Supreme Court’s explanation that the signature must be handwritten or a handwritten mark.
The court did not decide whether Munoz was entitled to relief from his conviction. Judge Batts directed him to resubmit the motion’s signature page with an original signature within 30 days of the order. The Clerk was directed to mail him a copy of the order and record service on the docket.
The detailed version
- Munoz v. United States · No. 1:19-cv-11907
- Paul Engelmayer
- Jan. 8, 2020
Background
Jeremias Munoz, the movant, brought the action without a lawyer. The opinion concerns a motion that was submitted without a signature. The attached form identifies the motion as arising under 28 U.S.C. § 2255 and states that Munoz sought to vacate his conviction or obtain other relief.
Court’s Analysis
Federal Rule of Civil Procedure 11(a) requires every written motion to be signed by an attorney of record or, when a party is unrepresented, by the party personally. The court also cited Local Civil Rule 11.1(a). Relying on the Supreme Court’s decision in Becker v. Montgomery, the court stated that the required signature must be handwritten or a handwritten mark. The court did not address the merits of Munoz’s request to vacate his conviction.
Disposition
The court directed Munoz to resubmit the motion’s signature page with an original signature within 30 days of the order’s date. The Clerk of Court was directed to mail a copy of the order to Munoz and note service on the docket. Judge Deborah A. Batts therefore issued a procedural directive concerning the motion’s required signature; the opinion does not state that the motion was granted or denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.