Jackson v. Pagan
- Vincent Briccetti
- 7:20-cv-05176
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Pagan, Judge Briccetti denied Jackson’s requests for a writ of execution and discovery, directing him to return a payment voucher.
Thomas Jackson, who sought enforcement of the settlement payment and discovery; Sergeant E. Pagan and the defense, who opposed those requests.
What happened
In Jackson v. Pagan, the court had closed the case after approving a settlement and general release. Jackson wrote that he had not received the $8,000 he said the settlement required.
Jackson, representing himself, asked for a court order to enforce payment and for discovery about assets of New York or Sergeant E. Pagan. Defense counsel responded that payment could not be made because Jackson had not returned a required voucher, despite two mailings.
Judge Briccetti denied the requests for a writ of execution and discovery and directed Jackson to sign and return the voucher to defense counsel. The court also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jackson v. Pagan · No. 7:20-cv-05176
- Vincent Briccetti
- Aug. 31, 2023
Background
On March 1, 2023, the court approved a settlement and general release between the parties and closed the case. On August 30, 2023, the court received a letter from Thomas Jackson, who was representing himself and proceeding without prepaying court fees. Jackson stated that he had not received the $8,000 he said was owed under the settlement.
Requests and Response
Jackson requested a writ of execution, meaning a court process to enforce payment, and discovery to obtain or review assets of New York or Sergeant E. Pagan. Defense counsel stated that counsel’s office had mailed Jackson its standard payment voucher on May 25, 2023, and August 22, 2023, but Jackson had not signed and returned it. Counsel stated that the voucher was required to make the payment.
Ruling
The court denied Jackson’s requests for a writ of execution and discovery. It directed Jackson to execute the voucher sent by defense counsel and return it to defense counsel. 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 permission to appeal without prepaying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.