United States District Court, N.D. New York
ROBERT F. SMITH, Petitioner,
BRANDON SMITH; DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; BOARD OF PAROLE, Respondents.
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.
ORDERED AND ADJUDGED that 1. The petition, Dkt. No. 1, is
DENIED AND DISMISSED IN ITS ENTIRETY; 2. No Certificate of
Appealability ("COA") shall issue because
petitioner failed to make a "substantial showing of the
denial of a constitutional right" as required by 28
U.S.C. § 2253(c)(2); 3. Any further request for a
Certificate of Appealability 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 David N.
Hurd, dated the 22nd day of January, 2018.
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. 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 ...