Gomez v. United States of America

Filing 66

ORDER denying 65 Motion for Reconsideration re 65 MOTION for Reconsideration. filed by Jorge Gomez. "Petitioner has not demonstrate[d] controlling law or factual matters put before the court in its decision on the underlying matt er that... the court overlooked and that might reasonably be expected to alter the conclusion reached by the court." RST (2005) Inc. v. Research in Motion Ltd., 597 F. Supp. 2d 362, 365 (S.D.N.Y. 2009). While Petitioner presents a September 20 , 2021 email exchange with "MED Unit 3" -- presumably a division of FCI Allenwood, where Petitioner is incarcerated -- in which his request for compassionate release is denied, this Court's conclusion that Petitioner has not demonstra ted extraordinary and compelling circumstances remains unchanged. Accordingly, for the reasons stated in this Court's September 13, 2021 Order, the motion for reconsideration is denied. The Clerk of Court is directed to mail a copy of this order to Petitioner. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/1/2021) (ks) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-06190-PGG Document 65 Filed 09/28/21 Page 1 of 30
MEMO ENDORSED: "Petitioner has not demonstrate[d] controlling law or factual matters put before the
court in its decision on the underlying matter that . . . the court overlooked and that might reasonably be
expected to alter the conclusion reached by the court." RST (2005) Inc. v. Research in Motion Ltd., 597 F.
Supp. 2d 362, 365 (S.D.N.Y. 2009). While Petitioner presents a September 20, 2021 email exchange with
"MED Unit 3" -- presumably a division of FCI
Allenwood, where Petitioner is incarcerated -- in
which his request for compassionate release is
denied, this Court's conclusion that Petitioner has
not demonstrated extraordinary and compelling
circumstances remains unchanged. Accordingly,
for the reasons stated in this Court's September 13,
2021 Order, the motion for reconsideration is
denied. The Clerk of Court is directed to mail a
copy of this order to Petitioner.

Dated: October 1, 2021