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Kernan v. United States

United States District Court, N.D. New York

March 14, 2017

JAMES M. KERNAN, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant, .

          JUDGMENT IN A CIVIL CASE

         Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That Petitioner's petition for a writ of error coram nobis, see Dkt. No. 1, is DENIED. The Court further ORDERS that, if a Certificate of Appealability is required to appeal the denial of a writ of error coram nobis, the Court declines to issue said certificate because Petitioner has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

         All of the above pursuant to the order of the Honorable Frederick J. Scullin, Jr., dated this 14thday of March, 2017.

         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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