Hussey v. The New York Police Department & Precincts in Manhattan NY

Background

Yessuh Suhyes Hussey filed this action without a lawyer while detained at the Anna M. Kross Center. He initially filed the action in the Eastern District of New York, which transferred it to the Southern District of New York on March 24, 2023. Hussey later provided two “emergency addresses” for use after his release: one in Brooklyn, New York, for his father, and one in Maryland, for his cousin.

The court stated that public records indicated Hussey was no longer in the custody of the New York City Department of Correction. Because the court could not determine where he could receive mail, it explained that he could consent to receive court documents electronically if he had the ability to do so.

Order

The Clerk of Court was directed to mail a copy of the order to the two emergency addresses listed on the docket. Hussey was directed to notify the court in writing within 30 days either of his current mailing address or that he consents to electronic service. To consent, he must complete and return the attached form. His response must be submitted to the court’s Pro Se Intake Unit and labeled with docket number 23-CV-2906 (LTS).

Disposition

The court did not decide the underlying claims in the complaint. It stated that if Hussey does not comply within the allowed time, it will dismiss the complaint without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal. Judge Laura Taylor Swain signed the order.