United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
by Court. This action came to trial or hearing
before the Court. The issues have been tried or heard and a
decision has been rendered.
ORDERED AND ADJUDGED that Plaintiffs Complaint (Dkt. No. 1)
is DISMISSED with prejudice pursuant to this Court's
Decision and Order of 09/20/16 and Plaintiffs failure to file
the necessary Amended Complaint. (Dkt. No. 12, at 10.) In the
alternative, Plaintiff's Complaint is dismissed for
failure to notify the Court of his change of address under
Local Rule 10.1(c)(2) and failure to prosecute under
Fed.R.Civ.P. 41(b) based on a careful weighing of the five
factors set forth in Hevner v. Village East Towers, Inc., No.
07-5608, 2008 WL 4280070, at *1-2 (2d Cir. Sept. 18, 2008).
All of the above pursuant to the Text Order of the Honorable
Chief Judge Glenn T. Suddaby, dated the 8th day of
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
notice of appeal may be filed by any party within 60 days
after entry of the judgment or order appealed from if one of
the parties is:
(i) the United States;
(ii) a United States agen the United Statesncy;
(iii) a United States officer or employee sued in an official
(iv) a current or former United States officer or employee
sued in an individual capacity for an act or omission
occurring in connection with duties performed on the United
Statesncy; ' behalf - including all instances in which
the United States represents that person when the judgment or
order is entered or files the appeal for that person.'
behalf - including all instances in which the United States
represents that person when the judgment or order is entered
or files the appeal for that person.
appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a civil case for
purposes of Rule 4(a).
Filing Before Entry of Judgment.
notice of appeal filed after the court announces a decision
or order-but before the entry of the judgment or order-is