Micha-El Bey v. Jamaica Realty LLC et al

Filing 11

MEMORANDUM & ORDER: In light of plaintiff's pro se status, the Court construes EI Bey's 10 letter as a motion under Federal Rule of Civil Procedure 60(b) to reconsider the dismissal of his complaint and the subsequ ent entry of judgment. Having offered no new law or evidence which could properly be considered and could reasonably be expected to alter the Court's 7 prior decision, plaintiff's 10 motion for reconsideration must be, and hereby is, denied. The Clerk shall maintain this case on the closed docket. SO ORDERED by Judge Eric N. Vitaliano, on 5/18/2012. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)

FILED

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* MAY 2.1 2012 *

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

BROOKLYN OFFICE

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LINDON DAVID MICHA-EL BEY,
.
.

MEMORANDUM & ORDER

Plaintiff,

II

-against-

6 7,

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I~ -C-v- 21'11

(ENV) (LB)

(r;.sll)

JAMAICA REALTY; DOVIE SPERLIN
and SPOUSE, Managing Member; JOHN
DOE, and SPOUSE, Managing Member;
SCOTT D. GROSS and SPOUSE, Attorney;
PHYLISS KRULIK SAXE and SPOUSE,
Judge Housing Court; GEORGE ESSOCK,
and SPOUSE, City Marshal,
Defendants.
-----------------------------------------------------------______ x

VITALIANO, D.J.
In a Memorandum & Order dated May 9, 2012, the Court dismissed for lack of subject
matter jurisdiction plaintiff Lindon David Micha-EI Bey's ("EI Bey") complaint, which
sought damages and renewed tenancy of the apartment from which he had been evicted. That
same day, EI Bey filed a letter requesting reconsideration of that decision and the resulting
judgment, which was entered on May 10,2012. In light of plaintiffs pro se status, the Court
construes EI Bey's letter as a motion under Federal Rule of Civil Procedure 60(b) to
reconsider the dismissal of his complaint and the subsequent entry of judgment. Though
liberally construed, the motion is denied.
Federal Rule of Civil Procedure 60(b) enumerates grounds for modifying a final
judgment based on mistake, surprise, excusable neglect, newly discovered evidence, fraud, a
void judgment, satisfaction, or any other justifying reason. See McTier v. People ofN.Y., No.
07-cv-870, 2010 WL 1037963, at *1 (E.D.N.Y. March 17,2010). "[R]econsideration will
generally be denied unless the moving party can point to controlling decisions or data that the

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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). Motions for reconsideration "should not be granted where the moving party seeks
solely to relitigate an issue already decided." Id.
In his letter, EI Bey does nothing more than re-state his claim for wrongful eviction
resulting from a state court judgment against him. See McTier, 2010 WL 1037963, at *2
(denying Rule 60(b) motion where moving party "fail [ed] to satisfy the heavy burden of a
Rule 60(b) motion because he [did] not present any controlling case law or data, which the
court overlooked that would have altered the court's conclusion"). Though he summarily
lodges his disagreement with the Court's decision and briefly recounts the circumstances of
his eviction, he says nothing to disprove the fact that he is a "state-court loser[] complaining
of injuries caused by [a] state-court judgment[] rendered before the district court proceedings
commenced and inviting district court review and rejection of' that judgment. Hoblock v.
Albany Cnty. Bd. of Elections, 422 F.3d 77,85 (2d cir. 2005) (quoting Exxon Mobil Corp. v.
Saudi Basic Indus. Corp., 544 U.S. 280, 284, 125 S. Ct. 1527 (2005)). Having offered no new
law or evidence which could properly be considered and could reasonably be expected to alter
the Court's prior decision, plaintiffs motion for reconsideration must be, and hereby is,
denied.
The Clerk shall maintain this case on the closed docket.

SO ORDERED.
Dated: Brooklyn, New York
May 18,2012

/S/
ERIC N. VITALIAN5~
United States District Judge

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