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 the petition, Dkt. No. 1, is DENIED
and DISMISSED. ORDERED that no Certificate of Appealability
("COA") shall issue because petitioner failed to
make a "substantial showing of the denial of a
constitutional right" as 28 U.S.C. § 2253(c)(2)
requires. All of the above pursuant to the Decision and Order
of the Honorable Judge Brenda K. Sannes, dated the
17th day of July, 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:
the United States;
a United States agency;
a United States officer or employee sued in an official
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 otherwise prescribed by this Rule 4(a),
whichever period ends later.
Effect of a Motion on a Notice of Appeal.
a party timely files in the district court any of the
following motions under the Federal Rules of Civil Procedure,
the time to file an appeal runs for all parties from the
entry of the order disposing of the last such remaining
for judgment under Rule 50(b);
to amend or make additional factual findings under Rule
52(b), whether or not granting the motion would alter the
for attorney's fees under Rule 54 if the district court
extends the time to appeal under Rule 58;
to alter or amend the judgment under Rule 59;
for a new trial under Rule 59; or