Barry v. The State of New York
- Vincent Briccetti
- 7:19-cv-04189
- U.S. District Court · Southern District of New York
- 1
In Barry v. Lamanna, Judge Briccetti ordered defendants to answer discovery by August 14, 2020, and denied fee-free appeal status.
Mamadou Barry and the defendants, because the order set the defendants’ response deadline for Barry’s discovery requests and left the other discovery deadlines unchanged.
What happened
Mamadou Barry v. Jaime Lamanna, Duncan S. Bey, Jr., and Chantel K. Elmore is an order about Barry’s discovery requests in his case.
Barry, who was representing himself and had been allowed to proceed without paying court fees, mailed interrogatories and document requests to the Pro Se Clerk. The clerk received and filed those requests on July 24, 2020.
Judge Vincent L. Briccetti ordered the defendants to respond by August 14, 2020, and said that deadline would not be extended. The court left the other discovery deadlines unchanged and denied fee-free status for any appeal from the order.
The detailed version
- Barry v. The State of New York · No. 7:19-cv-04189
- Vincent Briccetti
- July 27, 2020
Background
The court had previously instructed Mamadou Barry, who was proceeding without a lawyer and without paying filing fees, to mail his interrogatories and requests for documents to the Pro Se Clerk. The clerk would then file the requests on the electronic docket so the defendants could receive and answer them. The clerk received and docketed Barry’s discovery requests on July 24, 2020.
Ruling
Judge Vincent L. Briccetti ordered the defendants to respond to Barry’s discovery requests by August 14, 2020. The order stated that this deadline would not be extended. It also provided that all other discovery deadlines from the court’s March 9, 2020 order remained unchanged.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. As a result, it denied Barry permission to proceed without paying fees for an appeal from this order. The court also directed Chambers to mail Barry a copy of the order at the address listed on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.