Aponte v. Modica (Judge) of Queens Ciminal Courthouse, NY

Respondent: Modica (Judge) of Queens Ciminal Courthouse, NY
Petitioner: Herbert Aponte
Case Number: 1:2013cv05149
Filed: September 16, 2013
Court: New York Eastern District Court
Office: Brooklyn Office
Presiding Judge: Carol Bagley Amon
Referring Judge: Lois Bloom
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

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Date Filed#Document Text
October 22, 2013 7 Opinion or Order of the Court MEMORANDUM AND ORDER: For the same reasons as stated in this Court's February 28, 2011 memorandum and order, Aponte's instant habeas petition is dismissed. Aponte is not in custody pursuant to the 2006 conviction because his probation term inated on June 22, 2007, and the Court is therefore without jurisdiction to hear his § 2254 petition. Since Aponte has failed to make a "substantial showing of the denial of a constitutional right," a Certificate of Appealability shall not issue. 28 U.S.C. § 2253(c). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore denies in forma pauperis status for purposes of appeal. Coppedge v. United States, 369 U.S. 438, 444-46 (1962). The Clerk of the Court is directed to enter judgment and to close the case. Ordered by Chief Judge Carol Bagley Amon on 10/21/2013. (fwd for judgment) (Fernandez, Erica)

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Respondent: Modica (Judge) of Queens Ciminal Courthouse, NY
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Petitioner: Herbert Aponte
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