Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 2
In Houston v. Capra, Judge Briccetti extended Houston’s amendment deadline, ordered an address update, and denied fee-free status for any appeal.
Tyrone Houston, whose amended-complaint deadline and address-reporting deadline were extended or set, and the court’s docket and mailing records. The order did not adjudicate the defendants’ liability.
What happened
In Houston v. Capra, Tyrone Houston had asked to amend his complaint to add claims and defendants. The court had given him until February 19, 2021, to file the amended complaint, but had not received it.
The court extended the filing deadline to April 16, 2021. It also directed Houston to provide his current address in writing by that date and ordered the Clerk to update the docket with his Fishkill Correctional Facility address. The order was mailed to him there because he had not reported the address change.
Judge Vincent L. Briccetti certified that an appeal would not be taken in good faith and denied Houston permission to appeal without paying filing fees. The order did not decide the underlying claims.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- Mar. 16, 2021
Background
On January 15, 2021, the court received Tyrone Houston’s letter asking for permission to file an amended complaint adding claims against certain defendants and adding new defendants. On January 19, 2021, the court granted permission and instructed Houston to file the amended complaint by February 19, 2021. The court had not received an amended complaint by March 16.
The court also stated that Houston’s recent letter suggested he was no longer at Groveland Correctional Facility. The court noted that it had repeatedly instructed him to promptly notify the court in writing of any address change.
Order
The court extended Houston’s deadline to file an amended complaint to April 16, 2021. It also directed him to update the court in writing about his current address by April 16, 2021. The Clerk was directed to update the docket with the Fishkill Correctional Facility address listed in the order, and chambers was directed to mail Houston a copy of this order and the January 19 order at that address.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. The order addressed filing and address matters and did not resolve the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.