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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YESSUH SUHYES HUSSEY, Plaintiff, 23-CV-2906 (LTS) -against- ORDER THE NEW YORK POLICE DEPARTMENTS & PRECINCTS IN MANHATTAN NY, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Yessuh Suhyes Hussey was detained in the Anna M. Kross Center when he filed this action pro se in the United States District Court for the Eastern District of New York. On February 16, 2023, Plaintiff submitted a letter providing “emergency address[es] for when [he is] no longer in the custody of the Department of Correction.” (ECF 6, at 1.) The addresses provided include one in Brooklyn, New York, for his father and one in Maryland for his cousin. By orders dated March 24, 2023, the United States District Court for the Eastern District of New York transferred this action and two others to this district.1 According to public records, Plaintiff is not currently in the custody of the New York City Department of Correction. It is unclear where Plaintiff is able to receive his mail. Plaintiff has the option of consenting to receive electronic service of documents at an email address if he has the capacity to do so. A form for the Plaintiff to complete and return to the Court if he wishes to consent to electronic service of documents by email is attached to this order. If Plaintiff does not The two other actions transferred to this district are Hussey v. Boyd, ECF 1:23-CV-2907, (S.D.N.Y.), and Hussey v. Salgado, ECF 1:23-CV-2905, 1 (S.D.N.Y.). Plaintiff indicates in Boyd, ECF 1:23-CV-2907, 1, that he resided at one time in Kirby Forensic Psychiatric Center, but he appears to have been released. wish to consent to electronic service of documents, he is directed to notify the Court in writing, within 30 days, of his currently mailing address.

CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff at the “emergency addresses” in Brooklyn, New York, and Maryland that are listed on the docket. Plaintiff is directed to notify the Court in writing, within 30 days (1) of his current mailing address; or (2) whether he consents to electronic service of documents, which requires him to complete the attached form and return it to the Court. Plaintiff’s response must be submitted to the Pro Se Intake Unit of this Court, and his submission should be labeled with docket number 23-CV-2906 (LTS).

If Plaintiff does not comply with this order within the time allowed, the Court will dismiss Plaintiff’s complaint without prejudice to his refiling it.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: April 11, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (List the full name(s) of the plaintiff(s)/petitioner(s).) CV ( \( ) -against- NOTICE OF CHANGE OF ADDRESS (List the full name(s) of the defendant(s)/respondent(s).)

I hereby notify the Court that my address has changed to the following: Date Signature Name (Last, First, MI) Prison Identification # (if incarcerated) Address City State Zip Code Telephone Number E-mail Address (if available) PRO SE INTAKE WINDOW LOCATIONS: FOLEY SQUARE | NEW YorK, NY 10007 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: PEARL STREET | NEW YoRK, NY 10007 CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. I have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. I have established a PACER account; 3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4. I will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if I wish to cancel this consent to electronic service; 5. I understand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6. I understand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases.

Civil case(s) filed in the Southern District of New York: Please list all your pending and terminated cases to which you would like this consent to apply.

For each case, include the case name and docket number (for example, John Doe v. New City, 10- CV-01234).

Name (Last, First, MI) Address City State Zip Code Telephone Number E-mail Address Date Signature Click Here to Save Gesses DISTR S&S (“sige \*\ United States District Court Mle Southern District of New York oN as Os istrict Pro Se (Nonprisoner) Consent to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up fora PACER login and password by contacting PACER! at www.pacer.uscourts.gov or 1-800-676-6856; 2. Complete and sign this form.

If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e- mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail.2 Once you click the hyperlink and access the document, you may not be able to access the document for free again.

After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlinkis accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges.

IMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4. It will be your duty to regularly review the docket sheet of the case.

1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet.

2 You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone.

See ECF Rule 4.3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court.

PRO SE INTAKE WINDOW LOCATIONS: FOLEY SQUARE | NEW YORK, NY 10007 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: PEARL STREET | NEW YORK, NY 10007