This case was last updated from PACER on 02/03/2020 at 08:36:35 (UTC).

Aponte v. City of Yonkers et al

Case Summary

On 12/05/2019 Aponte filed a Prisoner - Civil Right lawsuit against City of Yonkers. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Colleen McMahon. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-11267

  • Filing Date:

    12/05/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Prisoner - Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Colleen McMahon

 

Party Details

Plaintiff

John Aponte

Rome, NY 13442

Defendants

City of Yonkers

St. John's Hospital

 

Court Documents

#5

(#5) APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS(Long Form). Document filed by John Aponte.(sc) (Entered: 12/31/2019)

#6

(#6) LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 12/27/19 re: My argument also is Prosecutorial Misconduct on the entire legally insufficient Indictment #4634/96 and Ineffective Assistance of Counsel; and that my rights were violated duribng the CPL proceedings 730, and the evidence of brain damage was ignored and the entire Indictment also ignored. Document filed by John Aponte, John Aponte, John Aponte.(sc) (Entered: 01/09/2020)

#1

(#1) COMPLAINT against City of Yonkers, St. John's Hospital. Document filed by John Aponte.(rdz) (Entered: 12/09/2019)

2 #2

Supplement Prisoner Authorization

#3

(#3) LETTER addressed to Judge Colleen McMahon from John Aponte, dated 12/16/19 re: Plaintiff writes with respect to the Court's Order dated 12/10/19 and received on 12/16/19 etc. Document filed by John Aponte.(sc) (Entered: 12/24/2019)

#4

(#4) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by John Aponte.(sc) (Entered: 12/31/2019)

#7

(#7) ORDER OF DISMISSAL. The Court dismisses the complaint without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP 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. (Signed by Judge Colleen McMahon on 1/28/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 01/28/2020)

#2

(#2) ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/9/2020. In Forma Pauperis (IFP) Application due by 1/9/2020. Prisoner Authorization Form due by 1/9/2020. (Signed by Judge Colleen McMahon on 12/10/2019) (Attachments: #1 Supplement IFP, #2 Supplement Prisoner Authorization)(scn) Transmission to Docket Assistant Clerk for processing. (Entered: 12/10/2019)

2 #1

Supplement IFP

#8

(#8) CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiff's failure to submit a completed prisoner authorization or pay the $400.00 in filing fees. See 28 U.S.C. 1914, 1915. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Colleen McMahon on 1/28/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 01/28/2020)

 

Docket Entries

  • 01/28/2020
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  • DocketMailed a copy of #8 Judgment - Sua Sponte (Complaint), #7 Order of Dismissal, Notice of Appeal Forms, to John Aponte DIN No. 00-A-1088 Mohawk Correctional Facility 6514 Rt. 26 P.O. Box 8451 Rome, NY 13442. (vba) (Entered: 01/28/2020)

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  • 01/28/2020
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  • Docket(#8) CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiff's failure to submit a completed prisoner authorization or pay the $400.00 in filing fees. See 28 U.S.C. 1914, 1915. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Colleen McMahon on 1/28/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 01/28/2020)

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  • 01/28/2020
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  • Docket(#7) ORDER OF DISMISSAL. The Court dismisses the complaint without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP 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. (Signed by Judge Colleen McMahon on 1/28/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 01/28/2020)

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  • 01/06/2020
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  • Docket(#6) LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 12/27/19 re: My argument also is Prosecutorial Misconduct on the entire legally insufficient Indictment #4634/96 and Ineffective Assistance of Counsel; and that my rights were violated duribng the CPL proceedings 730, and the evidence of brain damage was ignored and the entire Indictment also ignored. Document filed by John Aponte, John Aponte, John Aponte.(sc) (Entered: 01/09/2020)

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  • 12/26/2019
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  • Docket(#5) APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS(Long Form). Document filed by John Aponte.(sc) (Entered: 12/31/2019)

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  • 12/26/2019
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  • Docket(#4) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by John Aponte.(sc) (Entered: 12/31/2019)

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  • 12/20/2019
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  • Docket(#3) LETTER addressed to Judge Colleen McMahon from John Aponte, dated 12/16/19 re: Plaintiff writes with respect to the Court's Order dated 12/10/19 and received on 12/16/19 etc. Document filed by John Aponte.(sc) (Entered: 12/24/2019)

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  • 12/10/2019
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  • DocketMailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to John Aponte DIN No. 00-A-1088 Mohawk Correctional Facility 6514 Rt. 26 P.O. Box 8451 Rome, NY 13442 and to SUPERINTENDENT Mohawk Correctional Facility 6514 Rt. 26 P.O. Box 8451 Rome, NY 13442 . (aea) Modified on 12/10/2019 (aea). (Entered: 12/10/2019)

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  • 12/10/2019
  • DocketNOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#2) ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/9/2020. In Forma Pauperis (IFP) Application due by 1/9/2020. Prisoner Authorization Form due by 1/9/2020. (Signed by Judge Colleen McMahon on 12/10/2019) (Attachments: #1 Supplement IFP, #2 Supplement Prisoner Authorization)(scn) Transmission to Docket Assistant Clerk for processing. (Entered: 12/10/2019)

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  • 12/05/2019
  • Case Designated ECF. (rdz) (Entered: 12/09/2019)

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  • 12/05/2019
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  • (#1) COMPLAINT against City of Yonkers, St. John's Hospital. Document filed by John Aponte.(rdz) (Entered: 12/09/2019)

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