McGinnis v. Orange County Jail

Background

Jermaine McGinnis sued Orange County and several correction officers. The opinion states that McGinnis was proceeding without a lawyer and without paying filing fees. On November 17, 2022, the court dismissed the case for failure to prosecute and failure to comply with court orders. On March 27, 2023, the court denied McGinnis’s request to reopen the case and reiterated that the case had been dismissed.

Motion to Reopen

The court received McGinnis’s motion for reconsideration on April 6, 2023. He sought to reopen the case and stated that he had been released from a hospital to his aunt’s house, became homeless, contracted COVID-19, and was arrested and incarcerated during a period he identified in the motion. The court concluded that these statements did not justify his failure to comply with August 23 and October 3, 2022, orders requiring him to update his address in writing.

The court also noted that earlier orders had warned McGinnis that he was responsible for reporting address changes and that the case could be dismissed if he failed to do so. The court therefore stated that the case remained closed and that McGinnis’s motion contained no basis to reopen it.

Disposition

Judge Vincent L. Briccetti left the case closed. The court 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 proceed without paying fees for purposes of an appeal. The court directed its chambers to mail McGinnis a copy of the order at the address listed on the docket.