UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 7, 2008
WANDA WILLINGHAM ET AL., PLAINTIFFS,
COUNTY OF ALBANY ET AL., DEFENDANTS.
CLIFTON M. DIXON, PROPOSED INTERVENOR.
The opinion of the court was delivered by: David R. Homer U.S. Magistrate Judge
Clifton M. Dixon ("Dixon"), proceeding pro se, has moved this Court for an order pursuant to Fed. R. Civ. P. 24 allowing him to intervene in the above-captioned case to join a motion previously filed by plaintiff Ashley Perez ("Perez")*fn1 for an order compelling defendants County of Albany and the Albany County Board of Elections to comply with the Consent Judgment filed in this case on January 22, 2007.*fn2 Docket Nos. 57-59. For at least three reasons, that motion must be denied. First, Perez's motion has been denied and Dixon's motion to intervene to seek the same relief is now moot. Second, Perez adequately represented the interests of Dixon on the motion presenting essentially the same factual and legal arguments. See Fed. R. Civ. P. 24(a).*fn3 Finally, for the reasons stated on the decision denying Perez's motion, Dixon's motion lacks merit. See Memorandum-Decision and Order (Docket No. 160).
WHEREFORE, it is hereby ORDERED that Dixon's motion to intervene and for an order compelling compliance with the Consent Judgment filed January 22, 2007 (Docket Nos. 157-59) is DENIED in all respects.
IT IS SO ORDERED.