Futia v. United States, No. 7:2022cv06965 - Document 13 (S.D.N.Y. 2022)
Court Description: MEMO ENDORSED ORDER denying 9 Motion for Reconsideration re 9 MOTION for Reconsideration. filed by Anthony J. Futia, Jr. ENDORSEMENT: Motion for Reconsideration is Denied. Plaintiff has failed to establish that the Court overlooked any bi nding authority or fact or that its decision will result in a miscarriage of justice. It may be that Plaintiff disagrees with the DC Circuit's decision in We The People Foundation v. United States, 485 F.3d 140 (D.C. Cir. 2007), but that does not merit reconsideration by this Court, which found that case to be persuasive. Moreover, Plaintiff has failed to address the procedural infirmities in this case, which independently undercut his claim to a likelihood of success on the merits. To be clear, to date, the Court has not ruled on the yet-to-be-filed Motion to Dismiss, but has only denied Plaintiff's motion for injunctive relief. The Clerk is directed to terminate the pending motion (Dkt. # 9.) So Ordered. (Signed by Judge Kenneth M. Karas on 10/18/22) (yv)
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