Rosario v. LaClair
- Vincent Briccetti
- 7:20-cv-05475
- U.S. District Court · Southern District of New York
- 2
In Rosario v. LaClair, Judge Briccetti ordered Rosario to update his address, warned of possible dismissal, and denied fee-free status for any appeal.
Deury Rosario, the self-represented petitioner, must provide a current address; counsel for Superintendent Darwin LaClair must try to locate him and report to the court.
What happened
In Rosario v. LaClair, Deury Rosario, who is representing himself, filed a petition seeking habeas relief in 2020. The court learned that mail sent to his listed address at Franklin Correctional Facility had been returned, and a state lookup indicated he was released from state custody on June 30, 2023.
The court ordered Rosario to provide his current address in writing by August 9, 2024. It warned that failing to do so could lead to dismissal for failing to pursue the case or follow court orders. The court also directed counsel for Superintendent Darwin LaClair to try in good faith to locate Rosario and report any information by that date.
Judge Vincent L. Briccetti did not decide the habeas petition’s merits in this order. He certified that any appeal from the order would not be taken in good faith and denied Rosario permission to proceed without paying the appeal filing fees.
The detailed version
- Rosario v. LaClair · No. 7:20-cv-05475
- Vincent Briccetti
- July 9, 2024
Background
Deury Rosario filed a petition for a writ of habeas corpus in 2020 while incarcerated at Franklin Correctional Facility. He was representing himself. The court’s June 18, 2024 order was mailed to the Franklin Correctional Facility address listed on the docket and in Rosario’s most recent filing, but the mail was returned on July 8, 2024 as undeliverable.
The opinion states that a search of New York State’s Department of Corrections and Community Supervision incarcerated-person lookup website indicated Rosario was released from state custody on June 30, 2023. The listed notation was “6/30/2023 PAROLE — COND REL IMMIGRATIN.” The court also noted that an information package sent to Rosario in 2020 said he was responsible for notifying the court in writing of an address change and that failure to do so could lead to dismissal.
Orders
The court ordered Rosario to update his current address in writing by August 9, 2024. It stated that failure to comply could result in dismissal of the action for failure to prosecute or comply with court orders under Federal Rule of Civil Procedure 41(b).
The court separately directed counsel for Superintendent Darwin LaClair to make a good-faith effort to locate Rosario. Counsel must file a letter by August 9, 2024, stating whether counsel has further information about Rosario’s location, mailing address, or custody status.
Appeal ruling and effect
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 permission to proceed without paying the required fees for an appeal. The court did not decide the merits of Rosario’s habeas petition in this order. Chambers was directed to mail a copy of the order to the address still listed on the docket: Franklin Correctional Facility.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.