Rivera v. Putnam County
- Vincent Briccetti
- 7:22-cv-01877
- U.S. District Court · Southern District of New York
- 1
In Rivera v. Varbero, Judge Briccetti stayed discovery while related motions to dismiss remained unresolved.
The order directly affects Humberto Rivera, Jr. and Deputy Sheriff Thomas Varbero by pausing discovery in Rivera's case; it also denies Rivera permission to appeal without paying court fees.
What happened
Humberto Rivera, Jr., who was representing himself, appeared with defense counsel at an initial conference in Rivera v. Deputy Sheriff Thomas Varbero. The opinion identifies Varbero as the defendant in his official and individual capacities.
The court stayed the start of discovery until it resolves motions to dismiss in a related action, Rivera v. Town of New Fairfield. It also scheduled a November 8, 2023 conference and directed Rivera to report any address change in writing.
Judge Briccetti further certified that an appeal would not be taken in good faith and denied Rivera permission to appeal without paying court fees. This order did not decide the underlying claims.
The detailed version
- Rivera v. Putnam County · No. 7:22-cv-01877
- Vincent Briccetti
- June 29, 2023
Background Humberto Rivera, Jr. sued Deputy Sheriff Thomas Varbero in Varbero's official and individual capacities. At the initial conference, Rivera appeared without a lawyer, and defense counsel appeared in person. The order refers to a related action, Rivera v. Town of New Fairfield, No. 22 CV 1874, in which motions to dismiss were pending.
Court's actions The court stayed the commencement of discovery pending its resolution of the motions to dismiss in the related action. It scheduled another conference for November 8, 2023, at 3:00 p.m. at the White Plains courthouse, Courtroom 620. The court also ordered Rivera to notify it in writing of any change of address.
Appeal-fee ruling and effect The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees. This order addressed case management and appeal-fee status; it did not resolve the merits of Rivera's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.