United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE.
JURY VERDICT. This action came before the Court for a trial
by jury. The issues have been tried and the jury has rendered
X DECISION BY COURT. This
action came to trial, motion or hearing before the Court. The
issues have been tried or heard and a decision has been
ORDERED AND ADJUDGED that the Report and Recommendation (Dkt.
No. 29) is ADOPTED in its entirety. That defendants'
motion for summary judgment, (Dkt. No. 25), is GRANTED. That
plaintiff's complaint is DISMISSED in its entirety. That
the Clerk is directed to close the case, in accordance with
the Order issued by Senior District Judge Gary L. Sharpe on
February 10, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of Right
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 agency;
(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
States' 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. A notice of appeal
filed after the court announces a decision or order-but
before the entry of the judgment or order-is ...