United States District Court, N.D. New York
CLARENCE R. BROWN, JR., Petitioner,
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 the amended petition, Dkt. No. 7,
is DISMISSED WITHOUT PREJUDICE for failure to exhaust
available state court remedies. ORDERED that no certificate
of appealability ("COA") shall issue in this case
because petitioner has failed to make a "substantial
showing of the denial of a constitutional right"
pursuant to 28 U.S.C. § 2253(c)(2).3 Any further request
for a COA must be addressed to the Court of Appeals (Fed. R.
App. P. 22(b)). All of the above pursuant to the Decision and
Order of the Honorable Judge Glenn T. Suddaby, dated the
13th day of June, 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:
United States agency;
United States officer or employee sued in an official
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 ...