Wilson et al v. McConnell et al

Filing 30

Attachment 1
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated August 1, 2007, plaintiffs motion for summary judgment is denied and defendants motion for summary judgment is granted. (Signed by J. Michael McMahon, clerk on 8/3/07) (Attachments: # 1 notice of right to appeal)(ml)

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Wilson et al v. McConnell et al Doc. 30 Att. 1 Case 1:07-cv-04595-BSJ Document 30-2 Filed 08/03/2007 Page 1 of 5 United States District Court Southern District of New York O f f ic e of the Clerk U . S . Courthouse 5 0 0 Pearl Street, New York, N. Y . 10007-1213 D a t e: I n Re: -v - C a s e #: D e a r Litigant, E n c l o s e d is a copy of the judgment entered in your case. ( ) Y o u r attention is directed to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, which requires th a t if you wish to appeal the judgment in your case, you must file a notice of appeal within 30 days of the d a t e of entry of the judgment (60 days if the United States or an officer or agency of the United States is a p arty ). I f you wish to appeal the judgment but for any reason you are unable to file your notice of appeal w ith in the required time, you may make a motion for an extension of time in accordance with the provision o f Fed. R. App. P. 4(a)(5). That rule requires you to show "excusable neglect" or "good cause" for your f a ilu r e to file your notice of appeal within the time allowed. Any such motion must first be served upon the o th e r parties and then filed with the Pro Se Office no later than 60 days from the date of entry of the judgment ( 9 0 days if the United States or an officer or agency of the United States is a party). T h e enclosed Forms 1, 2 and 3 cover some common situations, and you may choose to use one of th e m if appropriate to your circumstances. T h e Filing fee for a notice of appeal is $5.00 and the appellate docketing fee is $250.00 payable to t h e "Clerk of the Court, USDC, SDNY" by certified check, money order or cash. No personal checks are a cc e p te d . J . Michael McMahon, Clerk of Court by: , Deputy Clerk APPEAL FORMS D o c k e t Support Unit Revised: March 4, 2003 Dockets.Justia.com Case 1:07-cv-04595-BSJ Document 30-2 Filed 08/03/2007 Page 2 of 5 United States District Court Southern District of New York O f f ic e of the Clerk U . S . Courthouse 5 0 0 Pearl Street, New York, N. Y . 10007-1213 - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X | | | -V| | | | - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X N O T I C E OF APPEAL civ . ( ) Notice is hereby given that (party) h e r e b y appeals to the United States Court of Appeals for the Second Circuit from the Judgment [describe it] e n t e r e d in this action on the (day) day of (month) , (year) . (Signature) (Address) (City, State and Zip Code) D ate: ( ) (Telephone Number) N o t e : You may use this form to take an appeal provided that it is received by the office of the Clerk of the D is tr ic t Court within 30 days of the date on which the judgment was entered (60 days if the United States or a n officer or agency of the United States is a party). FORM 1 APPEAL FORMS D o c k e t Support Unit Revised: March 4, 2003 Case 1:07-cv-04595-BSJ Document 30-2 Filed 08/03/2007 Page 3 of 5 United States District Court Southern District of New York O f f ic e of the Clerk U . S . Courthouse 5 0 0 Pearl Street, New York, N. Y . 10007-1213 - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X | | | -V| | | | - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X Pursuant to Fed. R. App. P. 4(a)(5), M O T I O N FOR EXTENSION OF TIM E TO FILE A NOTICE OF APPEAL civ . ( ) respectfully (party) r e q u e s t s leave to file the within notice of appeal out of time. (party) d e s ir e s to appeal the judgment in this action entered on (day) but failed to file a n o tic e of appeal within the required number of days because: [ E x p l a in here the "excusable neglect" or "good cause" which led to your failure to file a notice of appeal within the r e q u i r e d number of days.] (Signature) (Address) (City, State and Zip Code) D ate: ( ) (Telephone Number) N o t e : You may use this form, together with a copy of Form 1, if you are seeking to appeal a judgment and d id not file a copy of Form 1 within the required time. If you follow this procedure, these forms must be r e c e iv e d in the office of the Clerk of the District Court no later than 60 days of the date which the judgment w a s entered (90 days if the United States or an officer or agency of the United States is a party). FORM 2 APPEAL FORMS D o c k e t Support Unit Revised: March 4, 2003 Case 1:07-cv-04595-BSJ Document 30-2 Filed 08/03/2007 Page 4 of 5 United States District Court Southern District of New York O f f ic e of the Clerk U . S . Courthouse 5 0 0 Pearl Street, New York, N. Y . 10007-1213 - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X | | | -V| | | | - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X 1. N o t i c e is hereby given that N O T I C E OF APPEAL AND M O T I O N FOR EXTENSION OF TIM E civ . ( ) hereby appeals to (party) th e United States Court of Appeals for the Second Circuit from the judgment entered on [ G i v e a description of the judgment] . 2. I n the event that this form was not received in the Clerk's office within the required time respectfully requests the court to grant an extension of time in (party) a c c o r d a n c e with Fed. R. App. P. 4(a)(5). a. I n support of this request, (party) states that and that this form was mailed to the (date) th is Court's judgment was received on c o u r t on (date) . (Signature) (Address) (City, State and Zip Code) D ate: ( ) (Telephone Number) N o t e : You may use this form if you are mailing your notice of appeal and are not sure the Clerk of the D i s t r i c t Court will receive it within the 30 days of the date on which the judgment was entered (60 days if t h e United States or an officer or agency of the United States is a party). FORM 3 APPEAL FORMS D o c k e t Support Unit Revised: March 4, 2003 Case 1:07-cv-04595-BSJ Document 30-2 Filed 08/03/2007 Page 5 of 5 United States District Court Southern District of New York O f f ic e of the Clerk U . S . Courthouse 5 0 0 Pearl Street, New York, N. Y . 10007-1213 - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X | | | -V| | | | - - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -X A F F I R M A T I O N OF SERVICE civ . ( ) I, , declare under penalty of perjury that I have s e r v e d a copy of the attached upon whose address is: Date: New York, New York (Signature) (Address) (City, State and Zip Code) FORM 4 APPEAL FORMS D o c k e t Support Unit Revised: March 4, 2003

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