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Robin Tellier v. United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


February 27, 2013

ROBIN TELLIER, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Cedarbaum, J.

AND ORDER MEMORANDUM OPINION

Petitioner Robin Tellier moves under Fed. R. Civ. P. 59(e) to alter or amend my denial of his Fed. R. Civ. P. 60(b) motion, which in turn sought reconsideration of my denial of his petition under 28 U.S.C. § 2255.

Rule 59(e) permits a party to file "a motion to alter or amend a judgment." The standard for a motion to amend a judgment is the same as the standard for a motion for reconsideration. Yurman Designs, Inc. v. A.R. Morris Jewelers, 60 F. Supp. 2d 241, 244 (S.D.N.Y. 1999). Local Rule 6.3 requires that those who seek reconsideration demonstrate that the court has "overlooked matters or controlling decisions which, had they been considered, might reasonably have altered the result." Donahue v. Pendleton Woolen Mills, Inc., 719 F. Supp. 149, 151 (S.D.N.Y. 1988) (internal quotation marks omitted).

Because Tellier has not satisfied this standard, his motion is denied.

SO ORDERED.

MIRIAM GOLDMAN CEDARBAUM United States District Judge

20130227

© 1992-2013 VersusLaw Inc.



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