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 Hasson K. Wilson to provide his address or face dismissal for failing to prosecute.
Hasson K. Wilson was required to update his address and was warned that the case would be dismissed if he failed to comply. The defendants were not subject to a merits ruling in this order.
What happened
In Wilson v. Figueroa, Hasson K. Wilson, who was representing himself, had not told the court his current address after mail was returned as undeliverable because he had been released or paroled.
The court ordered Wilson to provide his current address in writing by September 11, 2020. It warned that failing to do so would result in dismissal for failing to prosecute or follow court orders. The court had not dismissed the case in this order.
Judge Vincent L. Briccetti also denied Wilson permission to appeal without paying filing fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Wilson v. Figeroua · No. 7:19-cv-04537
- Vincent Briccetti
- Aug. 12, 2020
Background
Hasson K. Wilson filed the action while incarcerated and was proceeding without a lawyer and under a process allowing him to proceed without paying court fees. The opinion states that Wilson notified the court of address changes to several correctional facilities, but mail sent to his last known address was later returned as undeliverable with the notation, “No longer here. Paroled/released.”
The court’s July 9, 2020, order required Wilson to provide his current address in writing by August 10, 2020, and warned that the case could be dismissed if he failed to update his address. The July 9 order was also returned as undeliverable. As of this order, Wilson had not provided an updated address. Earlier court materials had likewise told him that he was responsible for notifying the court of address changes.
Order
The court ordered Wilson to update the court in writing about his current address by September 11, 2020. It stated that failure to comply with the order would result in dismissal of the action for failure to prosecute or comply with court orders under Federal Rule of Civil Procedure 41(b). The court did not dismiss the action in this order.
The court 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 appeal without paying filing fees. The court directed its chambers to mail a copy of the order to Wilson at his last known address on the docket.
Effect
The order imposed a deadline and warned of dismissal; it did not decide the underlying claims against the correctional-officer defendants. Judge Vincent L. Briccetti signed the order on August 12, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.