Harden v. Doe
- Vincent Briccetti
- 7:19-cv-03839
- U.S. District Court · Southern District of New York
- 2
In Harden v. Sahad, Judge Briccetti extended Paul Harden’s deadline to oppose a dismissal motion and denied fee-free appeal status.
Paul Harden, the self-represented plaintiff, and the defendants, Sergeant Sahad and Lorie Badger, were affected by the revised briefing schedule and address update.
What happened
Paul Harden sued Sergeant Sahad and Lorie Badger. While representing himself and proceeding without prepaying court fees, he told the court that his address had changed and requested more time to oppose the defendants’ motion to dismiss.
The court had previously extended Harden’s deadline to July 27, 2020, and mailed that order to his updated address. The mailing was returned as undeliverable. Harden’s letter did not include an apartment number, but the envelope showed Apartment 2F at that address.
In Harden v. Sahad, Judge Vincent L. Briccetti extended the deadline one last time, requiring Harden to file his opposition by September 8, 2020. The order also directed the Clerk to update Harden’s address, stated that any defendants’ reply would be due September 15, 2020, and denied permission to appeal without paying fees.
The detailed version
- Harden v. Doe · No. 7:19-cv-03839
- Vincent Briccetti
- Aug. 7, 2020
Background
Paul Harden, who was representing himself and proceeding without prepaying court fees, notified the court by letter dated June 22, 2020, that his address had changed. He also requested an extension of time to oppose the defendants’ pending motion to dismiss.
On June 29, 2020, the court extended Harden’s opposition deadline to July 27, 2020, and instructed the Clerk to update the docket with Harden’s new address. The court mailed that order to the updated address, but the mailing was returned on July 9, 2020, marked “Return to Sender, Not Deliverable as Addressed, Unable to Forward.” Although Harden’s June 22 letter did not list an apartment number, the envelope containing the letter listed Apartment 2F at the same street address.
Order
In Harden v. Sahad, Judge Vincent L. Briccetti extended Harden’s deadline one last time. His opposition to the motion to dismiss was due September 8, 2020. If Harden did not file an opposition by then, the motion would be treated as fully submitted and unopposed. If he filed an opposition, any defendants’ reply would be due September 15, 2020.
The court directed the Clerk to update Harden’s address to 416 East 137th Street, Apartment 2F, Bronx, New York, 10454, and directed chambers to mail him a copy of the order there. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.
Disposition and Significance
This order addressed case administration and the briefing schedule; it did not decide the pending motion to dismiss or the underlying claims. The opinion does not state the court’s eventual ruling on that motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.