United States District Court, N.D. New York
ADRIAN D. RILEY, Petitioner
JOSEPH NOETH, Superintendent, Attica Correctional Facility, Respondent.
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 the Petition under 28 U.S.C. §
2254 for a Writ of Habeas Corpus is DENIED. The Court
declines to issue a Certificate of Appealability. 28 U.S.C.
§ 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004)
("To obtain a certificate of appealability, a prisoner
must 'demonstrate] that jurists of reason could disagree
with the district court's resolution of his
constitutional claims or that jurists could conclude the
issues presented are adequate to deserve encouragement to
proceed further.'" (quoting Miller-El, 537 U.S. at
327)). Any further request for a Certificate of Appealability
must be addressed to the Court of Appeals. See FED. R. APP.
P. 22(b); 2D CIR. R. 22.1. All of the above pursuant to the
Memorandum Decision of the Honorable Judge James K.
Singleton, dated the 22nd day of February, 2018.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
(1) 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:
United States agency;
United States officer or employee sued in an official
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 ...