Case Information
*1 Case 9:23-cv-00017-ECC-MJK Document 55 Filed 10/31/25 Page 1 of 2
United States District Court Northern District of New York JUDGMENT IN A CIVIL CASE ROY TAYLOR, Plaintiff, V. CASE NUMBER: 9:23-CV-17 (ECC/MJK) THOMAS, Defendant. [x] 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 this action is dismissed in accordance with the Memorandum-Decision and Order of US District Judge Elizabeth C. Coombe, filed on October 31, 2025 which ORDERED that Magistrate Judge Katz's Report-Recommendation, Dkt. No. 49 , is ADOPTED in its entirety; ORDERED that Defendants' motion for summary judgment, Dkt. No. 45 , is GRANTED; ORDERED that the Amended Complaint, Dkt. No. 11 , is DISMISSED, and ORDERED that the Clerk of the Court is respectfully directed to close this case. October 31, 2025 DATE
s/Nancy A. Steves (BY) DEPUTY CLERK
*2 Case 9:23-cv-00017-ECC-MJK Document 55 Filed 10/31/25 Page 2 of 2 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.
of appeal—in compliance with Rule 3(c)—within the time prescribed (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and by this Rule measured from the entry of the order disposing of the last such remaining motion. 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
(5) Motion for Extension of Time. appealed from. (A) The district court may extend the time to file a notice of appeal (B) The notice of appeal may be filed by any party within 60 days after if: entry of the judgment or order appealed from if one of the parties is: (i) a party so moves no later than 30 days after the time prescribed by (i) the United States; this Rule 4(a) expires; and (ii) a United States agency; (ii) regardless of whether its motion is filed before or during the 30 (iii) a United States officer or employee sued in an official capacity; or days after the time prescribed by this Rule 4(a) expires, that party (iv) a current or former United States officer or employee sued in an shows excusable neglect or good cause. individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf — including all instances
(B) A motion filed before the expiration of the time prescribed in in which the United States represents that person when the judgment Rule 4(a)(1) or (3) may be ex parte unless the court requires or order is entered or files the appeal for that person. otherwise. If the motion is filed after the expiration of the prescribed time, notice must be given to the other parties in accordance with
(C) An appeal from an order granting or denying an application for a local rules. writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a).
(C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting
(2) Filing Before Entry of Judgment. A notice of appeal filed after the the motion is entered, whichever is later. 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.
(6) Reopening the Time to File an Appeal. The district court may reopen the time to file an appeal for a period of 14 days after the date
(3) Multiple Appeals. If one party timely files a notice of appeal, any when its order to reopen is entered, but only if all the following other party may file a notice of appeal within 14 days after the date conditions are satisfied: when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.
(A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
(4) Effect of a Motion on a Notice of Appeal. or order sought to be appealed within 21 days after entry; (A) If a party timely files in the district court any of the following (B) the motion is filed within 180 days after the judgment or order is motions under the Federal Rules of Civil Procedure, the time to file an entered or within 14 days after the moving party receives notice under appeal runs for all parties from the entry of the order disposing of the Federal Rule of Civil Procedure 77 (d) of the entry, whichever is last such remaining motion: earlier; and (i) for judgment under Rule 50(b); (C) the court finds that no party would be prejudiced. (ii) to amend or make additional factual findings under Rule 52(b), (7) Entry Defined. whether or not granting the motion would alter the judgment; (A) A judgment or order is entered for purposes of this Rule 4(a): (iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under Rule 58;
(i) if Federal Rule of Civil Procedure 58 (a) does not require a separate document, when the judgment or order is entered in the civil
(iv) to alter or amend the judgment under Rule 59; docket under Federal Rule of Civil Procedure 79 (a); or (v) for a new trial under Rule 59; or (ii) if Federal Rule of Civil Procedure 58 (a) requires a separate (vi) for relief under Rule 60 if the motion is filed no later than 28 days document, when the judgment or order is entered in the civil docket after the judgment is entered. under Federal Rule of Civil Procedure 79(a) and when the earlier of these events occurs: (B)(i) If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of any motion listed in Rule
• the judgment or order is set forth on a separate document, or 4(a)(4)(A)—the notice becomes effective to appeal a judgment or • 150 days have run from entry of the judgment or order in the civil order, in whole or in part, when the order disposing of the last such docket under Federal Rule of Civil Procedure 79 (a). remaining motion is entered. (B) A failure to set forth a judgment or order on a separate document (ii) A party intending to challenge an order disposing of any motion when required by Federal Rule of Civil Procedure 58 (a) does not listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment affect the validity of an appeal from that judgment or order. upon such a motion, must file a notice of appeal, or an amended notice