United States District Court, N.D. New York
JAMES M. KERNAN, Plaintiff,
UNITED STATES OF AMERICA, Defendant, .
JUDGMENT IN A CIVIL CASE
by Court. This action came to a hearing before the Court. The
issues have been heard and a decision has been rendered.
ORDERED AND ADJUDGED
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. §
the above pursuant to the order of the Honorable Frederick J.
Scullin, Jr., dated this 14thday of March, 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 ...