Wilson v. Figeroua
- Vincent Briccetti
- 7:19-cv-04537
- U.S. District Court · Southern District of New York
- 2
In Wilson v. Figueroa, Judge Briccetti ordered the plaintiff to update his address or risk dismissal for failing to prosecute.
Hasson K. Wilson was required to provide the court with his current address by August 10, 2020, or the case could have been dismissed for failure to prosecute or comply with court orders.
What happened
In Wilson v. Figueroa, Hasson K. Wilson was pursuing the case without a lawyer and without paying court fees. The court had previously told him to report any address change in writing.
Several court notices mailed to Wilson were returned as undeliverable, marked “No longer here paroled/released.” The court ordered him to provide his current address in writing by August 10, 2020.
The court did not dismiss the case in this order but warned that failing to comply could lead to dismissal for failing to prosecute or follow court orders. Judge Vincent L. Briccetti also denied fee-free status for any appeal from this order.
The detailed version
- Wilson v. Figeroua · No. 7:19-cv-04537
- Vincent Briccetti
- July 9, 2020
Background
Wilson filed the complaint dated April 29, 2019, while incarcerated at Fishkill Correctional Facility. He later notified the court of address changes to Great Meadow Correctional Facility and Sing Sing Correctional Facility. The court had previously instructed him that he was responsible for notifying the court in writing of any further address change and that the case could be dismissed if he failed to do so.
Returned Mail and Order
The court received notice that two orders mailed to Wilson had been returned as undeliverable. The notation on the returned mail stated: “No longer here paroled/released.” The court therefore ordered Wilson to update his current address in writing by August 10, 2020.
Ruling
The court warned that failing to comply could result in dismissal for failure to prosecute or failure to comply with court orders under Federal Rule of Civil Procedure 41(b). The court did not dismiss the action in this order. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying appeal fees. The order was signed by Judge Vincent L. Briccetti.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.