Aponte v. New York State
| John Aponte |
| New York State |
| 1:2019cv08707 |
| September 19, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #12 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #12 Notice of Appeal filed by John Aponte were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 12 NOTICE OF APPEAL from #8 Order of Dismissal. Document filed by John Aponte. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #12 Notice of Appeal. Appeal fee due by 11/18/2019. (tp) |
| Appeal Remark as to #12 Notice of Appeal filed by John Aponte. IFP DENIED 10/25/2019. (tp) |
| Filing 11 LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 10/28/19 re: Plaintiff informs the Court that he has tried writing to law firms, and a few have not answered back, not wanting his case etc. Document filed by John Aponte.(sc) |
| Filing 10 LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 10/20/19 re: Pertaining to the Case #19-cv-8707( CM) - Supporting as much to his Impairment/Disability -(Code of Federal Regulations Title 42. Public Health - Chapter I Public Health Services Department of Health & Human Services(Refs and Annos)Subchapter C Medical Care & Examinations Part 35 etc. Document filed by John Aponte. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(sc) |
| Mailed a copy of #8 Order of Dismissal, #9 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to John Aponte DIN No. 00A1088 Mohawk Correctional Facility P.O. Box 8451 Rome, NY 13442. (vba) |
Filing 9
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiff's failure to submit a completed request to proceed in forma pauperis ("IFP application") and 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. (Signed by Judge Colleen McMahon on 10/25/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER OF DISMISSAL: By order dated September 24, 2019, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed 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). (Signed by Judge Colleen McMahon on 10/25/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER addressed to Judge Colleen McMahon from John Aponte dated 10/12/2019 re: Pertaining to the last request supporting issue of case # above, and if the Court doesn't' mind the paper I am writing on all the further complaints. Document filed by John Aponte.(rdz) |
| Filing 6 LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 10/8/19 re: Plaintiff writes that he specifically argued that he has been in imminent danger because the corrections officials were physically harming him as part of the conspiracy to deny him medical treatments. Document filed by John Aponte.(sc) |
| Filing 5 LETTER addressed to Judge Colleen McMahon from J. Aponte, dated 10/1/19 re: PERTAINING TO 9/24/19(ORDER) - RESPONSE. Document filed by John Aponte.(sc) |
| Filing 4 LETTER from J. Aponte, dated 9/26/19 re: Plaintiff submits letter with enclosed citation of cases concerning Civil Rights violations; and he informs the Court that he would like to add these cases(as indicated) pertaining to Yonkers Hospital and how, for many years, it was an issue of Racial Discrimination etc. Document filed by John Aponte.(sc) Modified on 10/3/2019 (sc). |
| Filing 3 LETTER from John Aponte dated 9/22/2019 re: Pertaining to my last claim. Document filed by John Aponte.(rdz) |
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Filing 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 10/24/2019. In Forma Pauperis (IFP) Application due by 10/24/2019. Prisoner Authorization Form due by 10/24/2019. (Signed by Judge Colleen McMahon on 9/24/2019) (Attachments: #1 Exhibit IFP application, #2 Exhibit Prisoner authorization)(asg) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to John Aponte DIN No. 00A1088 Mohawk Correctional Facility P.O. Box 8451 Rome, NY 13442. (vba) |
| Filing 1 COMPLAINT against New York State. Document filed by John Aponte. (sac) |
| Case Designated ECF. (sac) |
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