McCray v. Anderson
- Vincent Briccetti
- 7:20-cv-02247
- U.S. District Court · Southern District of New York
- 2
In McCray v. Anderson, Judge Briccetti ordered McCray to update his address by August 1, 2024, warned of possible dismissal, and denied fee-free appeal status.
Cerious McCray must provide the court with his current address by August 1, 2024 or risk possible dismissal of the action; any appeal from this order would not proceed without the required filing fee.
What happened
McCray v. Anderson is a habeas case brought by Cerious McCray, who was representing himself and had filed without paying the filing fee. The court’s records showed that mail sent to his listed address was returned, and the listed phone number no longer connected him to that address.
The court ordered McCray to provide his current address in writing by August 1, 2024. It warned that failing to comply could lead to dismissal for not pursuing the case or not following court orders. The court also mailed the order and earlier court orders to McCray’s last known address.
Judge Vincent L. Briccetti certified that an appeal from this order would not be taken in good faith and denied McCray permission to appeal without paying the fee. The order did not decide the habeas petition’s underlying claims.
The detailed version
- McCray v. Anderson · No. 7:20-cv-02247
- Vincent Briccetti
- July 2, 2024
Background
Cerious McCray filed a petition for a writ of habeas corpus dated March 12, 2020. The opinion states that McCray was incarcerated at the Dutchess County Jail when he filed the petition and was proceeding without a lawyer and without paying the filing fee.
The docket was updated in September 2020 with an address at 15 South Bridge Street, Apt. 416, Poughkeepsie, New York 12601. On July 1, 2024, mail containing the court’s order vacating an earlier order referring the case was returned as undeliverable. Court staff also called the phone number listed for McCray, but the number was no longer associated with McCray or the listed address.
Order
The court reminded McCray that the habeas information package sent to him stated that he must notify the court in writing of any address change. The package included a blank change-of-address form.
The court ordered McCray to update his address in writing by August 1, 2024. It stated that failure to comply may result in dismissal for failure to prosecute or failure to comply with court orders under Federal Rule of Civil Procedure 41(b). The court also directed chambers to mail this order and two earlier orders to McCray’s last known address.
Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied McCray permission to appeal without paying the filing fee. This order addressed address updating, case administration, and appeal-fee status; it did not decide the merits of McCray’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.