Heckerman v. NYS Division of Parole, 021412 FED2, 10-3164-cv

Docket Nº:10-3164-cv
Party Name:MICHAEL A. HECKERMAN, Plaintiff-Appellant, v. NYS DIVISION OF PAROLE, JOHN CIESLAK, JR., Parole Officer, Defendants-Appellees.
Attorney:FOR APPELLANT: MICHAEL A. HECKERMAN, pro se, Kingston, N.Y. FOR APPELLEES: KATE H. NEPVEU, Assistant SolicitorGeneral (Barbara D. Underwood, Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York,...
Judge Panel:PRESENT: BARRINGTON D. PARKER, RICHARD C. WESLEY, RAYMOND J. LOHIER, JR., Circuit Judges.
Case Date:February 14, 2012
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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MICHAEL A. HECKERMAN, Plaintiff-Appellant,

v.

NYS DIVISION OF PAROLE, JOHN CIESLAK, JR., Parole Officer, Defendants-Appellees.

No. 10-3164-cv

United States Court of Appeals, Second Circuit

February 14, 2012

UNPUBLISHED OPINION

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 14th day of February, two thousand twelve.

Appeal from the United States District Court for the Northern District of New York (Hurd, J.).

FOR APPELLANT: MICHAEL A. HECKERMAN, pro se, Kingston, N.Y.

FOR APPELLEES: KATE H. NEPVEU, Assistant SolicitorGeneral (Barbara D. Underwood, Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, N.Y.

PRESENT: BARRINGTON D. PARKER, RICHARD C. WESLEY, RAYMOND J. LOHIER, JR., Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the appeal is DISMISSED.

Appellant Michael A. Heckerman, proceeding pro se, appeals the district court's judgment dismissing his 42 U.S.C. § 1983 complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

In a civil case where the United States is not a party, Federal Rule of Appellate Procedure 4(a)(1) and 28 U.S.C. § 2107(a) require an appellant to file a notice of appeal within 30 days of the entry of the judgment or order being appealed. "[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement." Bowles v. Russell, 551 U.S. 205, 214 (2007). "[W]here jurisdiction is questionable we are obliged to examine the question sua sponte." Travelers Ins. Co. v. Carpenter, 411 F.3d 323, 328 (2d Cir. 2005).

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