Patterson v. Aponte
- Paul Engelmayer
- 1:16-cv-03156-PAE-RWL
- U.S. District Court · Southern District of New York
- 3
In Trent Patterson v. Captain Timothy Johnson, Judge Engelmayer granted summary judgment against Patterson and closed the case.
Trent Patterson’s remaining excessive-force claim against Captain Timothy Johnson was resolved against Patterson; the case was closed. Patterson was also denied permission to appeal without paying the required filing costs.
What happened
In Trent Patterson v. Captain Timothy Johnson, pro se plaintiff Trent Patterson’s remaining claim was an excessive-force claim against Captain Timothy Johnson. The court had previously dismissed his other allegations, and the case proceeded through discovery.
A magistrate judge issued a report recommending resolution of Captain Johnson’s summary-judgment motion. Neither party objected, so Judge Engelmayer reviewed the report for clear error.
Judge Engelmayer adopted the report in its entirety and granted the motion for summary judgment. Judge Engelmayer also denied in forma pauperis status for an appeal, declined to issue a certificate of appealability, and directed the clerk to close the case.
The detailed version
- Patterson v. Aponte · No. 1:16-cv-03156-PAE-RWL
- Paul Engelmayer
- Mar. 31, 2022
Background
Pro se plaintiff Trent Patterson filed this lawsuit in 2016. After several amended complaints, the court dismissed all allegations except an excessive-force claim against Captain Timothy Johnson. The case proceeded to discovery under the supervision of Magistrate Judge Robert W. Lehrburger.
Captain Johnson filed a motion for summary judgment. Magistrate Judge Lehrburger issued a Report and Recommendation. The opinion states that no party submitted objections to the report.
Court’s analysis
When no timely objection is filed to a magistrate judge’s report and recommendation, the district court reviews the report for clear error on the record. Judge Engelmayer found no facial error in Judge Lehrburger’s conclusions and adopted the report in its entirety. The opinion excerpt does not describe the report’s specific reasoning on the excessive-force claim.
Disposition
The court granted the motion for summary judgment. It declined to issue a certificate of appealability and certified that an appeal would not be taken in good faith. It therefore denied Patterson permission to proceed without paying the required filing costs for purposes of an appeal. The clerk was directed to close the motion and the case and mail Patterson a copy of the decision.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.