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Hester v. Thomas

United States District Court, N.D. New York

February 23, 2017

RONALD HESTER, Plaintiff,
v.
J. THOMAS; OFFICER TUTTLE; S. FOWLER; OFFICER COYE; MARK D. KINDERMAN; ERIN PFENDLER, Defendants.

          JUDGMENT IN A CIVIL CASE

         Decision 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.

         IT IS 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.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In 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.

         (B) The 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 capacity; or
(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.

         (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a ...


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