Perez v. Deprospo et al
| Antonio Molina Perez |
| William L. Deprospo, Natasha Turner and David M. Hoovler |
| 1:2022cv02866 |
| April 7, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 14-15. Mailed to: Antonio Molina Perez ID:202101147 110 Wells Farm Road Goshen, NY 10924. (kh) |
Filing 15
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed because it seeks relief against defendants who are immune from such relief, 28 U.S.C. 1915(e)(2)(B)(iii), and, consequently, as frivolous, 28 U.S.C. 1915(e)(2)(B)(i). See Mills v. Fischer, 645 F.3d 176, 177 (2d Cir. 2011); Collazo v. Pagano, 656 F. 3d 131, 134 (2d Cir. 2011). The complaint is also dismissed because it fails to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). 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. (Signed by Judge Laura Taylor Swain on 5/31/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 14
ORDER OF DISMISSAL: The Court dismisses Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1). The claims against Judge DeProspo and DA Hoover are dismissed because they seek relief against defendants who are immune from such relief, 28 U.S.C. 1915(e)(2)(B)(iii), and, consequently, as frivolous, 28 U.S.C. 1915(e)(2)(B)(i). See Mills, 645 F.3d at 177; Collazo, 656 F. 3d at 134. The claims against Turner are dismissed for failure to state a claim. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court abstains from intervening in Plaintiff's ongoing state court criminal proceedings and denies Plaintiff's request for injunctive relief. See Younger, 401 U.S. 37. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 5/31/2022) (sac)
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| Filing 13 LETTER addressed to Judge Laura Taylor Swain from Antonio Molina Perez, dated 5/20/22 re: I am writing to inform you about new information which surfaced etc. This paperwork shows Judge Deprespo saw and denied my motions after already removing himself from this case. This is my second set of motions that Judge Deprespo has denied. It seem to me that by looking at the dates of my paperwork carefully, this has been done to cover my rights being violated. Document filed by Antonio Molina Perez.(sc) |
| Mailed a copy of #12 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (dsh) |
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Filing 12
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 5/11/2022) (vn)
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| Filing 11 LETTER addressed to Judge Laura Taylor Swain from A. Perez, dated 5/7/22 re: I am sending you the records of my incoming and outgoing legal mail from when I was arrested until now, so that you can see how many times I have communicated with Natasha Turner etc. I would appreciate it if I could rapidly have an attorney appointed for this case to present them the evidence like I have shown you. Document filed by Antonio Molina Perez.(sc) |
| Filing 10 LETTER addressed to Judge Laura Taylor Swain from A. Perez, dated 5/4/22 re: Plaintiff is writing to the Court to inform the Court on the most recent events and concerns in his case etc. I appeared before Judge Brown, and brought up my concerns in relation to Judge DeProspo's having seen and rejected motions I have submitted etc. I believe the case was given to Judge Brown, an acting Supreme Court Justice, in order to intimidate me, and also to put me at the mercy of someone with far more power. That is why I have written you; to supercede the courts who have been violating my rights. Document filed by Antonio Molina Perez.(sc) Modified on 5/10/2022 (sc). |
| Filing 9 LETTER addressed to Judge Laura Taylor Swain from A. Perez, dated 4/30/22 re: I am writing to you to show you my evidence as to how my constitutional rights are being violated. I am attaching documents that I believe demonstrate how both Judge Brown and Judge Deprospo's actions are preventing me from properly exercing my Constitutional rights etc. Document filed by Antonio Molina Perez.(sc) |
| Filing 8 LETTER addressed to Judge Laura Taylor Swain from A. Perez, dated 4/27/22 re: I am writing to give an update about my cases after I brought my argument to the Court's attention the following week of me sending them my paperwork etc. I was surprised to see, after my informing them of the violation of my rights. how quick they transferred my judge as well as my attorney informing me that she was taking herself off the case. Document filed by Antonio Molina Perez.(sc) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from A. Perez, dated 4/20/22 re: I am writing to give you a discription of my troubles. I have been informing my lawyer of the violation of my rights, and she was telling me that I did not know what I was talking about. I was indicted within 24 hours, and I was not provided a chance to testify at the Grand Jury etc. I feel that this Court is basing their decisions prejudicially in not following the constraints of the law. Document filed by Antonio Molina Perez.(sc) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Antonio Molina Perez.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Antonio Molina Perez.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Antonio Molina Perez ID:202101147 110 Wells Farm Road Goshen, NY 10924. Mailed: (Attachments: prisoner authorization) (dsh) |
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Filing 4
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 5/12/2022. (Signed by Judge Laura Taylor Swain on 4-12-22) (Attachments: #1 prisoner authorization) (asg)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Antonio Molina Perez. (sac) |
| Filing 2 COMPLAINT against William L. Deprospo, David M. Hoovler, Natasha Turner. Document filed by Antonio Molina Perez. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Antonio Molina Perez. (sac) |
| Case Designated ECF. (sac) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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