United States District Court, N.D. New York
WILLIAM D. THOMAS, Plaintiff,
L. PINGOTTI; LT. G. GARDNER; J. TAYLOR-STEWART; S. KOBA; STEWARD R. SCARINGI; A. PILIERO-KINDERMAN; BODE-CUTLER; K. CUTLER; S. CLAYBURN; STEFANIK; PEARSON; DR. PARKS; COMMISSIONER POLIZZI; DENNISTON; SNYDER; M. HINES; CAPTAIN BERTONE, Defendants.
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 upon review of the pleadings filed
in Thomas I (9:17-cv-300) and Thomas II (9:17-cv-377), the
Court finds that there is considerable duplication and
repetition of claims and defendants in these two actions, as
to which common questions of law and fact exist; because the
pleading in Thomas II is more complete and because plaintiff
has asserted additional claims and named additional
defendants in that action, Thomas I is hereby DISMISSED
without prejudice in favor of Thomas II. ORDERED that
plaintiffs IFP application in Thomas I (Dkt. No. 11) is
DENIED as moot. All of the above pursuant to the Decision and
Order of the Honorable Judge Glenn T. Suddaby, filed on the
6th day of September, 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.
notice of appeal filed after the court announces a decision
or order-but before the entry of the judgment or order-is