Caldwell v. Officer German Geronimo
- Sarah Cave
- 1:19-cv-08253
- U.S. District Court · Southern District of New York
- 2
In Caldwell v. Geronimo, Judge Cave directed the Clerk to transfer Caldwell’s filing to the Second Circuit, and kept the case closed.
Boisey Caldwell and German Geronimo; the case remains closed, and Caldwell’s submission is to be transferred to the Second Circuit.
What happened
Boisey Caldwell’s case against German Geronimo had been closed for more than 18 months when Caldwell filed a document on February 15, 2024. The document was presented as a notice of appeal from an earlier order that had denied Caldwell’s motion for summary judgment.
The Second Circuit had already affirmed that earlier order and the judgment entered after a jury trial in Geronimo’s favor. The Second Circuit also denied Caldwell’s later request for rehearing as untimely and returned other papers Caldwell had filed.
Because of Caldwell’s lack of a lawyer and to be cautious, Judge Sarah L. Cave directed the Clerk to transfer the new filing to the Second Circuit. The case remains closed.
The detailed version
- Caldwell v. Officer German Geronimo · No. 1:19-cv-08253
- Sarah Cave
- Feb. 22, 2024
Background
The case had been closed for more than 18 months. On February 15, 2024, pro se plaintiff Boisey Caldwell filed a document, identified as ECF No. 222, that was styled as a notice of appeal from the Court’s August 27, 2021 Opinion and Order. That earlier order had, among other things, denied Caldwell’s motion for summary judgment.
Prior Proceedings
The Second Circuit had already affirmed the August 27, 2021 order and this Court’s judgment entered after a jury trial in favor of defendant German Geronimo. Caldwell later filed a request for rehearing in this Court, which this Court directed to the Second Circuit. The Second Circuit denied that request as untimely and later returned two sets of papers Caldwell had filed in the matter.
Court’s Action
Because Caldwell was proceeding without a lawyer and out of caution, the Court directed the Clerk to transfer the February 15 submission to the Second Circuit. The Court stated that the case remains closed. This order did not reopen the case or decide the merits of a new appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.