Hibbert v. The State of New York

Background

Conroy Hibbert, Jr. was the plaintiff and was representing himself. The caption identifies the defendants as the City of New York and others. At a March 14, 2023 conference, the court addressed how to proceed with Hibbert’s original and amended complaints.

Court’s actions

The court ordered that it would consider the original and amended complaints together, relying on Hibbert’s status as a self-represented litigant. The court also noted that Corporation Counsel had stipulated that the City of New York had been served.

The court ordered Corporation Counsel to submit a letter by March 21, 2023, proposing how service should proceed for Warden Sherma Dunbar. It ordered the United States Marshals Service to serve Patricia Feeney with the summons, the original complaint, and the amended complaint at the address stated in the order. The court said it would enter a case management plan in a separate order and directed the Clerk of Court to mail the order and case management plan to Hibbert.

Appeal-related ruling

Judge Gregory H. Woods certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. Based on that certification, the court denied in forma pauperis status for purposes of an appeal, meaning Hibbert could not proceed without paying the required appeal filing costs under that status.

Result and classification

This was a procedural order concerning pleadings, service, case management, and appeal-related filing status. It did not decide the merits of Hibbert’s claims.