Aponte v. City of Yonkers
- Colleen McMahon
- 1:19-cv-11267
- U.S. District Court · Southern District of New York
- 1
In Aponte v. City of Yonkers, Chief Judge McMahon dismissed the complaint without prejudice because Aponte did not complete filing requirements or pay the fee.
John Aponte's complaint against the City of Yonkers and St. John's Hospital was dismissed without prejudice. The order also denied fee-free status for an appeal.
What happened
In Aponte v. City of Yonkers, the court gave John Aponte thirty days to submit a completed request to proceed without paying filing fees and a required prisoner authorization, or to pay the $400 filing fee.
Aponte submitted two requests and two letters, but he did not submit the prisoner authorization or pay the fee.
Chief Judge Colleen McMahon dismissed the complaint without prejudice and denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Aponte v. City of Yonkers · No. 1:19-cv-11267
- Colleen McMahon
- Jan. 28, 2020
Background
The court had previously directed John Aponte to submit, within thirty days, a completed request to proceed without paying filing fees and a prisoner authorization, or to pay the $400 required to file a civil action. The court warned that failing to comply would result in dismissal.
Aponte submitted two requests to proceed without paying filing fees and sent two letters. He did not submit the required prisoner authorization or pay the filing fee.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also stated that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was directed to mail Aponte a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.