Court Filing
Court Filing
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 State defendants’ motion to dismiss (Dkt. No. 39) is
GRANTED. That County defendants motion to dismiss (Dkt. No. 58) is GRANTED. That
Village defendants’ motion to dismiss (Dkt. No. 70) is GRANTED IN PART AND DENIED IN
PART as follows: DENIED with respect to Hillary’s § 1983 claims based upon (1) a violation
of the Equal Protection Clause of Fourteenth Amendment, (2) retaliatory prosecution in
violation of the First Amendment, (3) defamation, and (4) conspiracy only as against Murray,
and GRANTED in all other respects. That defendants, who have not already done so, shall
file an appropriate responsive pleading with the time allotted by the Rules. That the clerk
shall terminate defendants NYSP, Levinson, Snell, Peets, Wickenheiser, Pizziketti, Does #1-
10, Does #11-20, Does #21-30, St. Lawrence County, St. Lawrence County District Attorney’s
Office, Wells and Bates from this action. That Rain’s motion to dismiss (Dkt. No. 105) is
GRANTED. That Jones’ motion to dismiss (Dkt. No. 133) is GRANTED. That the clerk shall
terminate defendants Rain and Jones from this action. That Murray’s motion for summary
judgment (Dkt. No. 178) is GRANTED. That all claims against Murray are DISMISSED. That
the Clerk shall terminate Murray from this action. That this action of Hillary be and is
dismissed against Onondaga County and William Fitzpatrick with prejudice. (Dkt. No. 200.)
All of the above pursuant to the Memorandum-Decision and Orders and Stipulation and
Order of Dismissal of the Honorable Judge Gary L. Sharpe, dated February 28, 2019,
October 14, 2020, September 24, 2021, and March 28, 2022.
John Law
Deputy Clerk
Case 8:17-cv-00659-GLS-DJS Document 201 Filed 04/12/22 Page 2 of 2
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
4(c), the notice of appeal required by Rule 3 must be filed with the such remaining motion.
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;
(iii) a United States officer or employee sued in an official capacity; or (ii) regardless of whether its motion is filed before or during the 30
(iv) a current or former United States officer or employee sued in an days after the time prescribed by this Rule 4(a) expires, that party
individual capacity for an act or omission occurring in connection with shows excusable neglect or good cause.
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
(C) An appeal from an order granting or denying an application for a time, notice must be given to the other parties in accordance with
writ of error coram nobis is an appeal in a civil case for purposes of local rules.
Rule 4(a). (C) No extension under this Rule 4(a)(5) may exceed 30 days after
(2) Filing Before Entry of Judgment. A notice of appeal filed after the the prescribed time or 14 days after the date when the order granting
court announces a decision or order—but before the entry of the the motion is entered, whichever is later.
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
(3) Multiple Appeals. If one party timely files a notice of appeal, any reopen the time to file an appeal for a period of 14 days after the date
other party may file a notice of appeal within 14 days after the date when its order to reopen is entered, but only if all the following
when the first notice was filed, or within the time otherwise prescribed conditions are satisfied:
by this Rule 4(a), whichever period ends later. (A) the court finds that the moving party did not receive notice under
(4) Effect of a Motion on a Notice of Appeal. Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
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
motions under the Federal Rules of Civil Procedure, the time to file an (B) the motion is filed within 180 days after the judgment or order is
appeal runs for all parties from the entry of the order disposing of the entered or within 14 days after the moving party receives notice under
last such remaining motion: Federal Rule of Civil Procedure 77 (d) of the entry, whichever is
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),
whether or not granting the motion would alter the judgment; (7) Entry Defined.
(iii) for attorney's fees under Rule 54 if the district court extends the (A) A judgment or order is entered for purposes of this Rule 4(a):
time to appeal under Rule 58; (i) if Federal Rule of Civil Procedure 58 (a) does not require a
(iv) to alter or amend the judgment under Rule 59; separate document, when the judgment or order is entered in the civil
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
(B)(i) If a party files a notice of appeal after the court announces or these events occurs:
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
order, in whole or in part, when the order disposing of the last such • 150 days have run from entry of the judgment or order in the civil
remaining motion is entered. docket under Federal Rule of Civil Procedure 79 (a).
(ii) A party intending to challenge an order disposing of any motion (B) A failure to set forth a judgment or order on a separate document
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment when required by Federal Rule of Civil Procedure 58 (a) does not
upon such a motion, must file a notice of appeal, or an amended notice affect the validity of an appeal from that judgment or order.