i USDC SDNY i □ UNITED STATES DISTRICT COURT | DOCUMENT SOUTHERN DISTRICT OF NEW YORK ! RLECTRONICALLY FILED Toronommaca nanan □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ROC ih i □ SONIA B. DAVIS, laatesnan [YW | □□ P laintiff, Hooteensnmnnemnnr eens = Gapoces AZ, js! 8. g : CITY OF MOUNT VERNON, MOUNT □ 8 VERNON POLICE DEPARTMENT, POLICE — : ORDER □□ OFFICER DERVIN CHERY, POLICE — oS □□ OFFICER EDUARDO BAERGA, POLICE : OFFICER TIMOTHY W. BRILEY, POLICE — 17 CV 8029 (VB) OFFICER DARIUS M. MITCHELL, POLICE: OFFICER ROBERT F, KRESSMAN, SERGEANT MICHAEL MARCUCULLI, and: POLICE OFFICERS JOHN & JANE DOE, : Defendants, ee ee eee ee een ee eee ee eee eee □□□ X On August 30, 2021, plaintiff, proceeding pro se, requested an update on the status of this case. By Memorandum Endorsement dated September 3, 2021, the Court stated that plaintiff's case was terminated on June 24, 2020. (Doc. #60). The Court also reminded plaintiff that (i) the Court issued an Opinion and Order granting defendants’ motion for summary judgment and denying plaintiff's cross-motion for summary judgment on June 22, 2020; (ii) the Clerk of Court issued a Judgment terminating plaintiff’s case on June 24, 2020; and (iii) a copy of the Judgment, which stated that the Court had granted defendants’ motion and denied plaintiffs cross-motion, was mailed to plaintiff at her address on the docket on June 24, 2020. (Id.).! On September 3, 2021, the Court mailed to plaintiff a copy of the September 3 Memorandum Endorsement, the June 22 Opinion and Order, the Clerk’s Judgment and notice of right to appeal (Doc. #59), plaintiffs medical records that she had mailed to the Court, and a copy of the ECF docket. (ld.). On September 20, 2021, the Court received the attached letter, notice of appeal, and application to proceed IFP from plaintiff. The Federal Rules of Appellate Procedure provide that a notice of appeal in a civil case must be filed with the district clerk within 30 days after entry of the judgment or order appealed from. Fed. R. App. P. 4(a)(1)(A).? Because plaintiff’s time to appeal has expired, the Court will construe plaintiffs notice of appeal as a motion to reopen the time to appeal under Rule 4(a)(6) of the Federal Rules of Appellate Procedure. Rule 4(a)(6) permits a district court to reopen the time to file an appeal only if:
| On June 24, 2020, the Court also mailed to plaintiff a notice of right to appeal, and instructions on how to appeal her case. (Doc. #59). 2 Plaintiff will be provided copies of all unpublished opinions cited in this decision. See Lebron vy. Sanders, 557 F.3d 76, 79 (2d Cir. 2009).
(A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced. Fed, R. App. P. 4(a)(6). Plaintiff has failed to satisfy the preconditions of Rule 4(a)(6). Specifically, plaintiff has failed to satisfy the second prong of Rule 4(a)(6), which requires that a motion to reopen the time to appeal be “filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier.” Fed. R. App. P. 4(a)(6)(B); see also United States v. Zvi, 274 F. App’x 87, 88 (2d Cir, 2008) (stating the district court did not have discretion under Rule 4(a)(6)(B) to reopen the time to appeal when the plaintiff failed to file notice within 180 days of the order closing the case). Judgment in this action was entered on June 24, 2020. Therefore, the latest date plaintiff could have filed her motion to reopen the time to file an appeal was December 21, 2020. Accordingly, plaintiffs motion to reopen the time to file an appeal is untimely and must be DENIED. Dated: September 21, 2021 White Plains, NY SO ORDERED:
Vincent L. Briccetti United States District Judge
ee □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK /
Dania! Dawe
(List the full name(s) of the plaintiff(s)/petitioner(s).) “ CV % 0: A Gc V 3 yer Q) -against- NOTICE OF APPEAL Cid of Teor Vernon, Man? Vey Nan Me ree. De Gorbmerst—on & t oO Vee odes (List the full name(s) of the defendant(s}/respondent(s).)
Notice is hereby given that the following parties: Sr WM \a ( 3 On C
(list the names of all parties who are filing an appeal) in the above-named case appeal to the United States Court of Appeals for the Second Circuit from the e/judgment Dlorder enteredon) \QOe SY 2) d Oud Men: (date that judgment or order was entered on docket) 59- that: ; x aN nos Ou layer tT don □ onte stand these □ Xe De Sen* +o ™ eC, = wos geting ( aroidn eVect 1 Vear j (If the appeal is from an order, provide a brief description above of the decisionta the drder.) Ny Yak eg hedian?, iL did Not now □□ Case Tras Cl Q-|5-al 3 Deane Dated “Signature. Davis & ania 13 Name (Last, First, Ml)
Q Gro a frele. lun Hen derson nh 27 Address City State Zip Code ASR To 7- 0337 Telephone Number — E-mail Address (if available)
‘Each party filing the appeal must date and sign the Notice of Appeal and provide his or her mailing address and telephone number, EXCEPT that a signer of a pro se notice of appeal may sign for his or her spouse and minor children if they are parties to the case. Fed. R. App. P. 3(c)(2}. Attach additional sheets of paper as necessary. Rev. 12/23/13 .
Case I) ev- Yoadalve) G- 15> □□
Sonia IF Weasis SB Grove Tack La Mendewon, Me 27537
Judge Vincent Lr Berecedts
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eS eee oR ES IE SE eS ee ee ee JIE | wee) rw Sonia B. Davis oh Q2 r021 58 Grove Park Lane —SHAMBERS OF Henderson, NC 27537 UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK
30th August 2021
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i USDC SDNY i □ UNITED STATES DISTRICT COURT | DOCUMENT SOUTHERN DISTRICT OF NEW YORK ! RLECTRONICALLY FILED Toronommaca nanan □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ROC ih i □ SONIA B. DAVIS, laatesnan [YW | □□ P laintiff, Hooteensnmnnemnnr eens = Gapoces AZ, js! 8. g : CITY OF MOUNT VERNON, MOUNT □ 8 VERNON POLICE DEPARTMENT, POLICE — : ORDER □□ OFFICER DERVIN CHERY, POLICE — oS □□ OFFICER EDUARDO BAERGA, POLICE : OFFICER TIMOTHY W. BRILEY, POLICE — 17 CV 8029 (VB) OFFICER DARIUS M. MITCHELL, POLICE: OFFICER ROBERT F, KRESSMAN, SERGEANT MICHAEL MARCUCULLI, and: POLICE OFFICERS JOHN & JANE DOE, : Defendants, ee ee eee ee een ee eee ee eee eee □□□ X On August 30, 2021, plaintiff, proceeding pro se, requested an update on the status of this case. By Memorandum Endorsement dated September 3, 2021, the Court stated that plaintiff's case was terminated on June 24, 2020. (Doc. #60). The Court also reminded plaintiff that (i) the Court issued an Opinion and Order granting defendants’ motion for summary judgment and denying plaintiff's cross-motion for summary judgment on June 22, 2020; (ii) the Clerk of Court issued a Judgment terminating plaintiff’s case on June 24, 2020; and (iii) a copy of the Judgment, which stated that the Court had granted defendants’ motion and denied plaintiffs cross-motion, was mailed to plaintiff at her address on the docket on June 24, 2020. (Id.).! On September 3, 2021, the Court mailed to plaintiff a copy of the September 3 Memorandum Endorsement, the June 22 Opinion and Order, the Clerk’s Judgment and notice of right to appeal (Doc. #59), plaintiffs medical records that she had mailed to the Court, and a copy of the ECF docket. (ld.). On September 20, 2021, the Court received the attached letter, notice of appeal, and application to proceed IFP from plaintiff. The Federal Rules of Appellate Procedure provide that a notice of appeal in a civil case must be filed with the district clerk within 30 days after entry of the judgment or order appealed from. Fed. R. App. P. 4(a)(1)(A).? Because plaintiff’s time to appeal has expired, the Court will construe plaintiffs notice of appeal as a motion to reopen the time to appeal under Rule 4(a)(6) of the Federal Rules of Appellate Procedure. Rule 4(a)(6) permits a district court to reopen the time to file an appeal only if:
| On June 24, 2020, the Court also mailed to plaintiff a notice of right to appeal, and instructions on how to appeal her case. (Doc. #59). 2 Plaintiff will be provided copies of all unpublished opinions cited in this decision. See Lebron vy. Sanders, 557 F.3d 76, 79 (2d Cir. 2009).
(A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced. Fed, R. App. P. 4(a)(6). Plaintiff has failed to satisfy the preconditions of Rule 4(a)(6). Specifically, plaintiff has failed to satisfy the second prong of Rule 4(a)(6), which requires that a motion to reopen the time to appeal be “filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier.” Fed. R. App. P. 4(a)(6)(B); see also United States v. Zvi, 274 F. App’x 87, 88 (2d Cir, 2008) (stating the district court did not have discretion under Rule 4(a)(6)(B) to reopen the time to appeal when the plaintiff failed to file notice within 180 days of the order closing the case). Judgment in this action was entered on June 24, 2020. Therefore, the latest date plaintiff could have filed her motion to reopen the time to file an appeal was December 21, 2020. Accordingly, plaintiffs motion to reopen the time to file an appeal is untimely and must be DENIED. Dated: September 21, 2021 White Plains, NY SO ORDERED:
Vincent L. Briccetti United States District Judge
ee □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK /
Dania! Dawe
(List the full name(s) of the plaintiff(s)/petitioner(s).) “ CV % 0: A Gc V 3 yer Q) -against- NOTICE OF APPEAL Cid of Teor Vernon, Man? Vey Nan Me ree. De Gorbmerst—on & t oO Vee odes (List the full name(s) of the defendant(s}/respondent(s).)
Notice is hereby given that the following parties: Sr WM \a ( 3 On C
(list the names of all parties who are filing an appeal) in the above-named case appeal to the United States Court of Appeals for the Second Circuit from the e/judgment Dlorder enteredon) \QOe SY 2) d Oud Men: (date that judgment or order was entered on docket) 59- that: ; x aN nos Ou layer tT don □ onte stand these □ Xe De Sen* +o ™ eC, = wos geting ( aroidn eVect 1 Vear j (If the appeal is from an order, provide a brief description above of the decisionta the drder.) Ny Yak eg hedian?, iL did Not now □□ Case Tras Cl Q-|5-al 3 Deane Dated “Signature. Davis & ania 13 Name (Last, First, Ml)
Q Gro a frele. lun Hen derson nh 27 Address City State Zip Code ASR To 7- 0337 Telephone Number — E-mail Address (if available)
‘Each party filing the appeal must date and sign the Notice of Appeal and provide his or her mailing address and telephone number, EXCEPT that a signer of a pro se notice of appeal may sign for his or her spouse and minor children if they are parties to the case. Fed. R. App. P. 3(c)(2}. Attach additional sheets of paper as necessary. Rev. 12/23/13 .
Case I) ev- Yoadalve) G- 15> □□
Sonia IF Weasis SB Grove Tack La Mendewon, Me 27537
Judge Vincent Lr Berecedts
your Hohe you thie K oh wag alren €er Most Verorm Police office: tO Jomp me hod. 14 Fusion Opera bDefar the Policies p af A/S SOK Sea Ave Apt YR on Oct 1G Bole, tt KOM. for. Felice Lado +naG, a Gat. Vadet they My orVer my Shoofd Booty Phen, tag RQHE anklet Be yf clke my cerita} [hore eve Liom ber xo ust had Epon Or VV iJart OS Hd)y On WA □ ht AY ant PAY Now €ro Out 4 / aye Be srr ONeS= "Po lee OF Ficers
a ride. fe the Hase¥e\ Vo) Ive bP cep s all aver TY +h Oame ENing Woes Vernon VD )rce □□□ D Pc 7 ‘Tv
sh LiKe 4Srno~) Coes.
TT Ley (tH Work ot
A ll, Marry Lusiory «
Snateh my Nerves = fhe w)rary. Soe) = have a hecveS Condition Moyome .al\ the Kee my _./egs 5 my" once L Nas] Cr. pindh Decue fan y loutteck: Tm Fe NW Risk. □□□□□
Ep A BN 5’ ee SE OS
peepee aT oy Pp . : ee oT Tt: |
Pr
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}
eS eee oR ES IE SE eS ee ee ee JIE | wee) rw Sonia B. Davis oh Q2 r021 58 Grove Park Lane —SHAMBERS OF Henderson, NC 27537 UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK
30th August 2021
Dear Judge Vincent Briccetti, am writing to you your Honor because | am trying to find out where my case ORDER 17 CV 8029 (VB) stands at this time. The last time | was there in front of you | was scared due to the fact |am nota lawyer and | wasn’t sure about what needed to be done. | wanted to explain what happened in my apartment at 218 South 3rd ave apt AB in Mount Vernon NY 10550 on Oct. 19th, 2016. fallen and had a cut across my eye on my forehead, | calied the police department instead of 911 when they arrived 3 police came first and seven more with the ME’s. The MEs were worried about me having a concussion | didn't want to go to the hospital because the bleeding had stopped. Sitting on my couch four police officers came running in my door and approached me without talking to the other officers and they attacked me and pulled me off my couch and they took my arms up to my back and slammed me into boxes that had stereo equipment and speakers inside. They handcuffed me and did not read me my tights. They picked me up and slammed me down and with their elbows, they hit me in my back and did it about four times and they grabbed my right ankle and kept dropping and pulling it and | had just had an operation on Jan. 25th, 2016. While this happened no one said anything or tried to stop them and after all that, they wouldn't let me get any of my belongings. ! was trying to tell them | needed my boot for my foot and my cane but, they told me to stop exaggerating there is nothing wrong with you. They took me down the steps while handcuffed, and as they brought me down my ankle was hitting the stairs. All this for a ride to the hospital. Thank you for taking the time to read this letter.
Sincerely, DD ate oma, B Dove? F-1S- 3
Application to Appeal In Forma Pauperis
Sonia 2 Davis v. bid, , ( if In wnt □ Appeal No. | 7 LV | VB) Ov ay Vernon, Police Oebo end Ole, or Agency No. Bo C yment x
Affidavit in Support of Motion Instructions I swear or affirm under penalty of perjury that, Complete all questions in this application and then because of my poverty, I cannot prepay the docket sign it. Do not leave any blanks: if the answer to a fees of my appeal or post a bond for them. [believe | question is "0," "none," or "not applicable (N/A),”" Lam entitled to redress. I swear or affirm under write that response. If you need more space to answer penalty of perjury under United States laws that my | a question or to explain your answer, attach a separate answers on this form are true and correct. (28 sheet of paper identified with your name, your case's U.S.C. § 1746; 18 U.S.C. § 1621.) | docket number, and the question number.
Signed: Jawd 3 ‘De Date: G ~|]o~ /
My issues on appeal are: (required):
1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.
Income source Average monthly Amount expected next amount during the past | month 12 months
Employment’ plone _|saene|s [ss Self-employment mime [s [ss Income from real property (suchas |[$, , rentalincome) V) DYW€_ Nene
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Retirement (such as social security, | $ $ pensions, annuities, insurance) Yjone Disability (such as social security, “19 5 $ insurance payments)
Public-assistance (such as welfare) is $ $
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2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)
Employer Address Dates of Gross employment monthly pay ph et
3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)
Employer Address Dates of Gross employment monthly pay
9.
4, How much cash do you and your spouse have? $ YiOn eT Below, state any money you or your spouse have in bank accounts or in any other financial institution.
Financial Institution Type of Account Amount you have | Amount your A spouse has TC~—S BS ss TCS Ns fs
If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.
5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. [Home Other real estate Motor vehicle #1 (Value) $ |" Eb ancan| (Value) $ (Value) $ Make and year:
Motor vehicle #2 (Value) $ } (Value) § (Value) $ macandyer _A/| A | ASS [\ [\_ A l moe S| PE | CV) mine TEL? Ud Ud
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6. State every person, business, or organization owing you or your spouse money, and the amount owed.
Person owing you or your spouse | Aynount owed to you Amount owed to your money spouse PB As PCN fs POs Us □□
7. State the persons who rely on you or your spouse for support.
Name [or, if a minor (i.e., underage), initials only] | Relationship po :—“—st—C PC OP
8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. fou | our sponse | Rent or home-mortgage payment (including lot rented for $ mobile home) Are real estate taxes included? [ | Yes | Ko Is property insurance included? [| Yes | |No Utilities (electricity, heating fuel, water, sewer, and telephone) | $ ~2.5@ U: fg Home maintenance (repairs and upkeep) Kase Le be □ po" fm C“<~*sdi fcoting Ne Sd [Ss Laundry and dry-cleaning □□□ □□□ Medical and dental expenses $3.00 fs -4 wise trip 7 □□ ENT ere medicins
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fomomajorns (RTS Lie: □□□ _|s wea: Wok all phe time |S Motorveticle V1, Operation efce □□□ Other heels is Sse Tie payments) (specify): ONE
Motor Vehicle: $ YVON is Credit card (name): snme |s Department store (name): snope [8 Other: inn, mines adaeorniwoes pencils cesmanems r= hmne farm (attach detailed statement) Ww ec
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9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? □□ ]ves whe If yes, describe on ar_attached sheet.
10. Have you spent — or will you be verso for expenses or attorney fees in connection with this lawsuit? [| Yes| ANo If yes, how much? $
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Provide any other information that will help explain why you cannot pay the docket fees for your appeal. ~~, « Cea { Try holt waar keen , Oo ST fut me □ cKery day hurtin BoM vir my there IS NO men 12. Identify the city and state of your legal residence. Keindergon ) City State
Your daytime phone number: 2 Your age: x g Your years of schooling: {; nis hy S Last four digits of your social-security number: 53 \ ' /
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