Yeldon v. Fisher et al
ORDER denying Plaintiff's Motion for Reconsideration 114 . A copy of the Order has been mailed to Willie James Yeldon, C-97716, CENTRAL NEW YORK PSYCHIATRIC CENTER, Box 300, Marcy, NY 13403. Signed by Hon. Richard J. Arcara on 1/21/17. (LAS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
WILLIE JAMES YELDON (97B1012),
BRIAN FISHER, et. al.,
On November 23, 2016, the Court denied the Plaintiff’s pro se Rule 60(b) motion
to vacate, concluding that “plaintiff, represented by competent counsel, and recognizing
his poor prospects for success at trial, executed a clear and unambiguous written
settlement agreement on the record, in open court. He has stated no basis to withdraw
from his settlement agreement or to vacate the stipulated dismissal of his action under
Rule 60(b).” Docket No. 113 at 2 (quoting Docket No. 107, Ex. E at 10).
The Plaintiff has since moved for reconsideration of the Court’s November 23
Order. See Docket No. 114. “The 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
Trans., Inc., 70 F.3d 255, 257 (2d Cir. 1995).
The Plaintiff’s motion does not meet that standard. Instead, his motion largely
rehashes complaints about his assigned counsel in the U.S. District Court for the
Northern District of New York, who represented the Plaintiff when he executed a global
settlement agreement ending both this case and the Northern District case. Those
complaints, however, were the primary basis for the Plaintiff’s motion to vacate. The
Plaintiff identifies nothing the Court overlooked when it denied that motion, and for that
reason, his motion for reconsideration is denied.
Dated: January 21, 2017
Buffalo, New York
__s/Richard J. Arcara_____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
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