Martin v. Hanusczak et al

Filing 9

ORDER denying 8 MOTION for RECONSIDERATION of Temporary Restraining Order. Signed by Judge Frederick J. Scullin Jr. on 1/5/06. Plaintiff has no address; he will be in this pm to get status on case, at that time, will provide Order to plaintiff (mnm)

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Martin v. Hanusczak et al Doc. 9 Case 5:06-cv-00010-FJS-DEP Document 9 Filed 01/05/2006 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ MURRAY MARTIN, Plaintiff, v. MICHAEL HANUSCZAK, Family Court Judge; FRANK KILLIAN; and NILES GREENHOUSE, Defendants. ________________________________________________ APPEARANCES MURRAY MARTIN Brewerton, New York Plaintiff pro se SCULLIN, Chief Judge ORDER Currently before the Court is Plaintiff's motion for reconsideration of this Court's January 4, 2006 Order denying his motion for a temporary restraining order. See Dkt. No. 8. As this Court has previously noted, "[a] motion for reconsideration is not to be used as a second opportunity to advance arguments already rejected, or to present evidence that was available but not previously introduced." ITT Commercial Fin. Corp. v. Harsco Corp., No. 91 CV 0793, 1999 WL 6922, *1 (N.D.N.Y. Jan. 6, 1999) (citation omitted). Moreover, as the Court explained, "[t]he grounds justifying reconsideration are: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct a clear error or prevent manifest injusti ce." Id. (citations omitted). Although Plaintiff has submitted some additional exhibits and photographs in support of 5:06-CV-10 (FJS/DEP) Dockets.Justia.com Case 5:06-cv-00010-FJS-DEP Document 9 Filed 01/05/2006 Page 2 of 2 his motion for reconsideration, none of these documents convinces the Court that it should reconsider its previous decision to deny Plaintiff's motion for a temporary restraining order. Accordingly, the Court hereby ORDERS that Plaintiff's motion for reconsideration of the Court's January 4, 2006 Order denying his motion for a temporary restraining order is DENIED. IT IS SO ORDERED. Dated: January 5, 2006 Syracuse, New York -2-

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