Jones v. Cawley et al, No. 3:2010cv00712 - Document 60 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER denying Plaintiff's 55 Motion to Vacate. Signed by Senior Judge Thomas J. McAvoy on 12/10/10. [Served by mail upon non ecf parties.] (sfp, )
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Jones v. Cawley et al Doc. 60 ENDFIELD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ROBERT DILLARD JONES doing business as FAMILY CHARTER & REALTY CORPORATION, Plaintiffs, v. 10-CV-0712 JOSEPH F. CAWLEY, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Plaintiff Robert D. Jones, moves pursuant to Fed. R. Civ. P. 60(b) seeking to vacate the judgment dismissing this action in its entirety. Plaintiff seeks to sue individually, rather than on behalf of the corporation; to reinstate the action as against Frederick Williams, Donna Altschuh and Russell Phelps pursuant to 18 U.S.C. ยง 981 and 985; and further asks the Court to re-examine the alleged violations of the Fair Housing Act. Having reviewed Plaintiff s original motion pursuant to Rule 60(b), his amended motion pursuant to Rule 60(b), and the papers filed in opposition thereto, the Court finds that Plaintiff has failed to demonstrate a proper basis for relief under Rule 60(b) or that would otherwise warrant reconsideration. Accordingly, Plaintiff s motion is DENIED. IT IS SO ORDERED. Dated:December 10, 2010 -2-