United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
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 this action is DISMISSED without
prejudice for plaintiffs failure to comply with the Decision
and Order of the Honorable Senior Judge Lawrence E. Kahn,
dated the 11th day of May, 2017 that directed
plaintiff if he wished to proceed with this action he must,
within thirty (30) days of the filing date of the Decision
and Order: (1) notify the Clerks Office of his current
address AND (2) EITHER (a) pay the statutory filing fee of
$400.00 in full OR (b) submit a renewed IFP application
outlining his current financial condition and demonstrating
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 ...