Edwards v. Annucci
- Vincent Briccetti
- 7:17-cv-05018
- U.S. District Court · Southern District of New York
- 2
In Edwards v. Annucci, Judge Briccetti ordered William L. Edwards to update his address and denied him fee-free status for an appeal.
William L. Edwards was required to update his address or risk dismissal of the action; the defendants were affected by the court's case-management directive but received no merits ruling in this order.
What happened
In Edwards v. Annucci, William L. Edwards was representing himself and was not paying court fees. He told the court he expected to be released from Fishkill Correctional Facility, but he did not provide a written address update after his release.
The court ordered Edwards to provide his current address in writing by January 17, 2020. It warned that failing to do so could lead to dismissal for not pursuing the case or following court orders. The court directed the Clerk to mail the orders to an address Edwards had provided.
Judge Vincent L. Briccetti also ruled that any appeal from this order would not be taken in good faith and denied Edwards permission to appeal without paying court fees. The order did not itself dismiss the action.
The detailed version
- Edwards v. Annucci · No. 7:17-cv-05018
- Vincent Briccetti
- Dec. 27, 2019
Background
On December 6, 2019, the court held a case-management conference. William L. Edwards appeared by telephone, representing himself and proceeding without paying court fees. Edwards told the court that he was scheduled to be released from Fishkill Correctional Facility on December 13, 2019. The court reminded him that he had to notify the court in writing if his address changed and that the case could be dismissed if he failed to do so.
Edwards gave the court a prospective address on East 162nd Street in the Bronx, but the court again told him that he needed to provide a written update when his address actually changed. The court mailed its December 6 order to Edwards's address of record at Fishkill. The mailing was returned as undeliverable on December 19, 2019, after Edwards had been released from custody. The opinion states that Edwards had not updated his address since his release.
Order
The court required Edwards to update his current address in writing by January 17, 2020. It warned that failure to comply could result in dismissal for failure to pursue the case or comply with court orders under Federal Rule of Civil Procedure 41(b). The Clerk was directed to mail the December 6 order and the new order to the Bronx address Edwards had provided during the conference.
The court also 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 appeal without paying court fees for purposes of an appeal. The order did not dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.