Aponte v. Modica (Judge) of Queens Ciminal Courthouse, NY
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|October 22, 2013
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)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?