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Johnson v. Mnuchin

United States District Court, N.D. New York

August 30, 2017

Jerome R. Johnson, Plaintiff,
v.
Steven T. Mnuchin, Secretary of the Treasury, Defendant.

          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 Clerk of the Court shall substitute Steven T. Mnuchin for Secretary of the Treasury Jacob J. Lew as the Defendant in this action, pursuant to Fed.R.Civ.P. 25(d); that Defendant's motion for summary judgment (Dkt. No. 64) is GRANTED, that Plaintiffs motion for summary judgment (Dkt. No. 65) is DENIED; that Plaintiffs Second Amended Complaint (Dkt. No. 55) is DISMISSED in its entirety, and that judgment is entered in favor of Defendant and this case is closed.

         All of the above pursuant to the order of the Honorable Chief U.S. District Judge Glenn T. Suddaby, dated the 30th day of August, 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 ...


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