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 been rendered.
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.
the above pursuant to the order of the Honorable Senior Judge
Thomas J. McAvoy, dated the 22nd day of May, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
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 ...