Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 2
In Houston v. Capra, Judge Briccetti scheduled a conference and issued related instructions after Houston missed a telephone conference.
Tyrone Houston, the defendants and their counsel, and the court clerk.
What happened
Houston v. Capra concerns a telephone conference that Tyrone Houston did not attend for a reason the court said was unclear. Defense counsel appeared, while Houston was representing himself and had been allowed to proceed without paying filing fees.
The court scheduled a case management conference for September 13, 2023, at 11:00 a.m., by telephone. It also set a September 6 deadline for Houston to request an adjournment if he could not attend and directed defense counsel to contact him about the conference.
Judge Vincent L. Briccetti ordered the clerk to update Houston’s address and instructed Houston to report future address changes in writing. The court also denied fee-free status for any appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- Aug. 23, 2023
Background
The order followed a telephone conference held on the record. Defense counsel appeared, but Tyrone Houston did not appear. The court stated that the reason for his absence was unclear. The order identifies Houston as representing himself and proceeding without paying filing fees.
Court’s Orders
The court scheduled a case management conference for September 13, 2023, at 11:00 a.m., to be held by telephone. If Houston could not attend, he was required to submit a written request for an adjournment by September 6, 2023. The court also directed defense counsel to contact Houston about the conference by September 6.
Houston was ordered to notify the court in writing of any change of address. The clerk was directed to update the docket with Houston’s address at Edgecombe Residential Treatment Facility in New York, New York. The court ordered that a copy of the order be mailed to Houston at that address.
Appeal and Classification
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Houston permission to proceed without paying fees for purposes of an appeal. This was a case-management and related procedural order; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.