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Woolsey v. Mitzel

United States District Court, N.D. New York

May 22, 2017

Jeanette Woolsey, on behalf of R.M.R., Petitioner,
v.
Desiree Mitzel and Charles Mitzel, Respondents.

          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 the Court ACCEPTS and ADOPTS the recommendations made by Magistrate Judge Peebles in the February 27, 2017 Report, Recommendation and Order dkt. # 11; that the dkt. # 2 petition is DENIED and DISMISSED; that Petitioner's motion for reconsideration of the transfer order from the Eastern District of New York (Dkt. No. 8) is DENIED as moot. The Court also finds that the petition presents no questions of substance for appellate review, and that the Petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see Fed. R. App. P. 22(b). Accordingly, a certificate of appealability will not issue. That Respondents' motion to dismiss (Dkt. # 20) is DENIED as moot; and that Petitioner's motion for Leave to Proceed In Forma Pauperis in Support of the Application to Appoint Counsel (Dkt. # 21) is DENIED as moot.

         All of the above pursuant to the order of the Honorable Senior Judge Thomas J. McAvoy, dated the 22nd day of May, 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 civil case for purposes of Rule 4(a).

         (2) 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 ...


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