United States District Court, W.D. New York
DECISION AND ORDER
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE
petitioner, David Cain, appearing pro se, moves
pursuant to Fed.R.Civ.P. 52(b) and 59(e) to alter or amend
the Court's previous denial of his Motion to Vacate, Set
Aside, or Correct his Sentence under 28 U.S.C. § 2255.
Petitioner has also filed a motion for an evidentiary
hearing, and to have the entire matter assigned to another
District Court Judge. For the reasons that follow, the
Petitioner's motions are denied.
Cain was found guilty of racketeering and various related
offenses after a jury trial ending on December 7, 2007. The
Court sentenced Petitioner to a term of 660 months
imprisonment on July 12, 2009. The United States Court of
Appeals for the Second Circuit affirmed the convictions and
sentence. U.S. v. Cain, 671 F.3d 271 (2d Cir. 2012).
Cain then petitioned to vacate, set aside or to correct his
sentence pursuant to 28 U.S.C. § 2255 primarily upon
grounds his trial counsel labored under conflicts of
interests rendering them ineffective, and that his appellate
counsel was ineffective for failing to make certain arguments
on direct appeal to the Court of Appeals. The petition was
denied by the Court on October 15, 2015.
Cain now seeks relief from denial of his § 2255 petition
on grounds that the Court erred in its analyses of his claims
to have suffered ineffective assistance of trial and
appellate counsel, and the grounds that the Court failed to
make factual findings and state conclusions of law sufficient
to support the Court's conclusions in the Decision and
Order denying relief.
52(b) of the Federal Rules of Civil Procedure provides that,
upon motion from a party, “the court may amend its
findings-or make additional findings-and may amend the
judgment accordingly.” Id. at § 52(b).
The rule “provides a method to dispute underlying facts
that resulted in faulty factual findings or conclusions of
law based on those facts, ” Endo Pharm. Inc. v.
Amneal Pharm., LLC, No. 12 CIV. 8060, 2016 WL 1732751,
at *2 (S.D.N.Y. Apr. 29, 2016), the purpose of which
“is to give the district court an opportunity to
correct manifest errors of law or fact at trial, or in some
limited situations, to present newly discovered
evidence.” U.S. v. Local 1804-1, Int'l
Longshoremen's Ass'n, 831 F.Supp. 167, 169
(S.D.N.Y. 1993). However, a Rule 52(b) motion is an
inappropriate way to advance new legal theories, relitigate
old issues, or rehear judgments on the merits. Id.
“Thus, to succeed under Rule 52(b), the defendants must
show that the Court's findings of fact or conclusions of
law are not supported by the evidence in the record.”
of a judgment or an order disposing of a § 2255 petition
is set forth in Rule 59(e) of the Federal Rules of Civil
Procedure, which permits a party to file a motion to alter or
amend the judgment within 28 days after entry of judgment.
See Beras v. U.S., No. 05 CIV. 2678, 2013 WL
2420748, at *1 (S.D.N.Y. June 4, 2013) (Although “entry
of judgment under Rule 58 of the Federal Rules of Civil
Procedure is not required after an order disposing of a
petition under Section 2255, because habeas proceedings
represent a further step in the criminal case, not an
independent civil case requiring an independent final
judgment), ] . . . a motion under Rule 59(e) to amend or
correct an order disposing of a Section 2255 may still be
brought, although such an order is not a [judgment].”)
standard for granting such a motion is strict, and
reconsideration will generally be denied unless the moving
party can point to controlling decisions or data that the
court overlooked --- matters, in other words, that might
reasonably be expected to alter the conclusion reached by the
court.” Shrader v. CSX Transp. Inc., 70 F.3d
255, 257 (2d Cir. 1995). “It is well-settled that Rule
59 is not a vehicle for relitigating old issues, presenting
the case under new theories, securing a rehearing on the
merits, or otherwise taking a ‘second bite at the
apple.'” Sequa Corp. v. GBJ Corp., 156
F.3d 136, 144 (2d Cir. 1998).
Application of ...