United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing
before the Court.
issues have been tried or heard and a decision has been
ORDERED AND ADJUDGED, that this action is dismissed in
accordance with the June 21, 2018 Memorandum Decision of
Judge James K. Singleton which ordered that petitioner's
petition under 28 U.S.C. § 2254 for a Writ of Habeas
Corpus is DENIED; and ORDERED that 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
‘demonstrat[e] 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.
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:
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 ...