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Towner v. Gracefo

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 6, 2010

JAMES TOWNER, 99A4878, PLAINTIFF,
v.
FE DR. GRACEFO, AUBURN C.F. M.D., DR. EDWARDS, ATTICA C.F., DR. EVANS, ATTICA C.F. DR. JON MILLER, COXSACKIE C.F., ATTICA CORR FAC MEDICAL DEPT, AND JAMES T. CONWAY, SUPT., DEFENDANTS.

The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court

DECISION and ORDER

Plaintiff, James Towner, proceeding pro se, filed a packet of papers docketed as a "Declaration" (Docket No. 20). Contained in the packet of papers filed by the plaintiff are numerous individually labeled papers including, "Motion filed Pursuant to Rule 60 Relief from Judgment or Order" in which plaintiff requests review of the July 25, 2010 Order dismissing this action with prejudice (Docket No. 18).*fn1

The Court has reviewed plaintiff's motion for reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, which provides for relief from a final judgment, order, or proceeding when, for example, there has been a mistake, inadvertence, surprise, excusable neglect, or newly discovered evidence which by due diligence could not have been discovered in time.*fn2 Nothing in plaintiff's motion for reconsideration allows the Court to grant relief from the July 25, 2010 Order under Fed.R.Civ.P. 60(b). Plaintiff does not demonstrate that there has been mistake, inadvertence, surprise, excusable neglect, or newly discovered evidence which by due diligence could not have been discovered in time, nor does he show that his claim should be reopened in the interest of justice.

Accordingly, plaintiff's motion for reconsideration is hereby denied.

SO ORDERED

Buffalo, New York


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