Nunez-Polanco v. Capra
- Laura Swain
- 1:22-cv-04475
- U.S. District Court · Southern District of New York
- 2
In Nunez-Polanco v. Capra, Judge Swain denied as moot motions concerning an appeal and appointed counsel because the case was closed.
Claudio Amauris Nunez-Polanco, whose requests for an appeal-time extension and appointed counsel were denied as moot; the case remains closed.
What happened
In Nunez-Polanco v. Capra, Claudio Amauris Nunez-Polanco alleged that correctional officials violated his constitutional rights while he was held at Sing Sing Correctional Facility. The court had previously dismissed his amended complaint for failing to state a claim and declined to hear related state-law claims.
Nunez-Polanco later sought more time to appeal and asked the court to appoint free legal counsel. The Second Circuit had already dismissed his appeal because his notice did not identify a judgment or order being appealed.
Because the appeal had already been decided and the case was closed, Chief Judge Laura Taylor Swain denied both motions as moot. She directed the Clerk to terminate them, accept no further filings in the case except documents directed to the Court of Appeals, and denied no-cost status for any appeal from this order.
The detailed version
- Nunez-Polanco v. Capra · No. 1:22-cv-04475
- Laura Swain
- July 8, 2024
Background
Claudio Amauris Nunez-Polanco filed a complaint alleging that the defendants violated his constitutional rights during his custody at Sing Sing Correctional Facility. The opinion states that Nunez-Polanco is currently incarcerated at Great Meadow Correctional Facility.
On February 27, 2023, the court dismissed his amended complaint for failure to state a claim, meaning the court found that the amended complaint did not adequately present a legally actionable claim. The court also declined to exercise supplemental jurisdiction over any state-law claims. The case was closed.
Pending Motions and Appeal
Nunez-Polanco filed a notice of appeal and a request for an extension of time to file a notice of appeal. He also moved for assignment of pro bono counsel, meaning counsel without charge. The Second Circuit dismissed the appeal for lack of jurisdiction because the notice of appeal did not designate a judgment or order for appeal.
Ruling
Chief Judge Laura Taylor Swain held that the appeal had already been adjudicated and that the matter was closed. The court therefore denied as moot the motion for an extension of time to file a notice of appeal and the motion for assignment of pro bono counsel. The Clerk of Court was directed to terminate those motions.
The court further directed the Clerk to accept no additional documents in the action other than documents directed to the Court of Appeals. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from this order would not be taken in good faith and denied no-cost status for an appeal from the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.