Hussey v. Salgado

Background

Yessuh Suhyes Hussey filed this action without a lawyer while detained at the Anna M. Kross Center. He initially filed it in the United States District Court for the Eastern District of New York. That court transferred this action and two others to the Southern District of New York by orders dated April 6, 2023.

Hussey had submitted a letter identifying emergency mailing addresses for use after he was no longer in Department of Correction custody. The addresses included one in Brooklyn, New York, for his father and one in Maryland for his cousin. According to public records cited by the court, Hussey was no longer in New York City Department of Correction custody, and the court said it was unclear where he could receive mail.

Court’s Order

The Clerk of Court was directed to mail the order to the two emergency addresses listed on the docket. The court also told Hussey that he could consent to receive documents electronically at an email address by completing and returning the attached form.

The court directed Hussey to notify it in writing within 30 days either of his current mailing address or whether he consented to electronic service. His response had to be sent to the court’s Pro Se Intake Unit and labeled with docket number 23-CV-2905 (LTS).

The court did not state that it was dismissing the complaint at that time. Instead, it stated that if Hussey did not comply within the allowed period, it would dismiss the complaint without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.