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Lawrence v. Reno

United States District Court, S.D. New York
Jun 19, 2002
00 Civ. 4559 (LAK) (S.D.N.Y. Jun. 19, 2002)

Opinion

00 Civ. 4559 (LAK)

June 19, 2002


ORDER


By letter dated June 6, 2002 and received by the undersigned June 19, 2002, petitioner again seeks reconsideration, pursuant to Fed.R.Civ.P. 60(b), of this Court's orders of January 30, February 8, and July 18, 2001, the first of which denied his petition for a writ of habeas corpus and the latter two of which denied his motions for reconsideration and for relief pursuant to Rule 60(b), respectively.

Inasmuch as final judgment long ago was entered against petitioner, Rule 60(b) must be satisfied as a precondition to the grant of any relief. Petitioner has failed to show that relief is warranted on any of the grounds there listed. The fact that petitioner disagrees with the previous rulings is not a sufficient basis for relief from the judgment. He had a right to appeal from that judgment. If, as he claims, his appeal was dismissed because he did not receive legal mail in sufficient time to respond as required by the Court of Appeals, he may petition that Court to reopen his appeal. And if, as he claims, he did so but his papers never reached the Court of Appeals, he may seek to do so again. Absent satisfaction of Rule 60(b), however, his case in this Court ended long ago.

Motion denied.

SO ORDERED.


Summaries of

Lawrence v. Reno

United States District Court, S.D. New York
Jun 19, 2002
00 Civ. 4559 (LAK) (S.D.N.Y. Jun. 19, 2002)
Case details for

Lawrence v. Reno

Case Details

Full title:GAVIN LAWRENCE, Petitioner, v. JANET RENO, et al., Respondents

Court:United States District Court, S.D. New York

Date published: Jun 19, 2002

Citations

00 Civ. 4559 (LAK) (S.D.N.Y. Jun. 19, 2002)