United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
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 this action is dismissed for
plaintiffs failure to submit an amended complaint as directed
in the December 22, 2016 Decision and Order of Judge Mae A.
D'Agostino which dismissed the action pursuant to 28
U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(B) due
to plaintiffs failure to state a claim upon which relief may
be granted and ORDERED that if plaintiff wished to proceed
with this action he must file an amended complaint within
thirty days of said Decision and Order.
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 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 ...