McCray v. Anderson
- Vincent Briccetti
- 7:20-cv-02247
- U.S. District Court · Southern District of New York
- 1
In McCray v. Anderson, Judge Briccetti ordered more briefing about possible mootness and McCray’s address, and denied appeal fee-waiver status.
Petitioner Cerious McCray must receive the order and may be affected by the court’s future decision about mootness or dismissal. Respondent Adrian H. Anderson must file the supplemental brief by August 2, 2024 and provide any information he has about McCray’s current location and mailing address.
What happened
In McCray v. Anderson, mail containing the court’s prior orders was returned because it could not be delivered to McCray’s address listed in the court records.
The court ordered Anderson to file a supplemental brief by August 2, 2024, addressing whether the petition is moot, whether a rule allowing dismissal for failure to prosecute applies, and whether Anderson knows McCray’s current location or mailing address. The court also directed its staff to mail the order 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 proceed without paying the appeal filing fees. The order did not decide the petition’s underlying claims.
The detailed version
- McCray v. Anderson · No. 7:20-cv-02247
- Vincent Briccetti
- July 12, 2024
Background
The court had previously ordered the parties to submit supplemental briefing about why McCray’s petition was not moot and had directed McCray to update his address in writing. On July 11, 2024, mail containing those orders was returned marked “Return To Sender Attempted — Not Known Unable To Forward.” The mailing had been sent to 15 South Bridge Street, Apt. 416, Poughkeepsie, New York 12601, which the opinion identifies as the address listed on the docket and in McCray’s most recent filing.
Order
The court ordered respondent Adrian H. Anderson to file a supplemental brief by August 2, 2024, addressing three questions: (1) whether the petition is moot, meaning that there is no longer a live dispute for the court to decide; (2) whether Federal Rule of Civil Procedure 41(b), which can allow dismissal for failure to prosecute or comply with court requirements, applies; and (3) whether Anderson has information about McCray’s current location and mailing address. The court also stated that its chambers would mail a copy of the order to McCray’s last known address.
Appeal-Fee Determination and Disposition
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied permission to proceed without paying the filing fees for an appeal. This order directed further briefing and did not resolve the petition’s underlying claims. The opinion does not state the nature of those claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.