United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
by Court. This action came to trial or hearing before the
Court. The issues have been tried or heard and a decision has
ORDERED AND ADJUDGED that this action is dismissed in
accordance with the Decision and Order of the Honorable Judge
David N. Hurd, filed on the 16th day of May, 2017 which
ORDERED, that 1. Petitioner's IFP Application, Dkt. No.
3, is GRANTED; 2. This action is DISMISSED WITHOUT PREJUDICE
for failure to exhaust available state court remedies; 3. No
Certificate of Appealability ("COA") will issue
because petitioner failed to make a "substantial showing
of the denial of a constitutional right" as 28 U.S.C.
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 treated as filed
on the date of and after the entry.
Multiple Appeals. If one party timely files a notice
of appeal, any other party may file a notice of appeal within
14 days after the date when the first notice was filed, or
within the time ...