Chukwuma E. Azubuko v. Dedham Massachusetts Police Commissioner

2011 | Cited 0 times | D. Maine | June 20, 2011


On June 7, 2011, the Court dismissed Chukwuma E. Azubuko's Motion to Amend Judgment. Order on Mot. to Am. J. (Docket # 12). On June 16, 2011, Mr. Azubuko moved for reconsideration of the Order. Pl.'s Mot. for Recons. of Rule 60 Mot. (Docket # 13).

The Court denies Mr. Azubuko's motion. First, Mr. Azubuko has failed to meet the standard for reconsideration of an Order under Rule 60; to succeed, the movant must "demonstrate that newly discovered evidence (not previously available) has come to light or that the rendering court committed a manifest error of law." Palmer v. Champion Mortg., 465 F.3d 24, 30 (1st Cir. 2006); Global Naps, Inc. v. Verizon New England, Inc., 489 F.3d 13, 25 (1st Cir. 2007). Mr. Azubuko has done neither.

Second, Mr. Azubuko takes nothing from Agostini v. Felon in which the Supreme Court concluded that it may be appropriate to grant a Rule 60(b)(5) motion if the party seeking the relief from an injunction or consent decree can show a significant change in factual conditions or in law. 521 U.S. 203, 215 (1997). Agostini merely stands for the non-controversial proposition that "[a] court may recognize subsequent changes in statutory or decisional law." Id. Mr. Azubuko has made no showing that the Court's earlier rulings have been superseded by evolving statutory or decisional law. Agostini is not on point.

Third, Mr. Azubuko continues to insist that jurisdiction and venue exist for a federal trial court in the District of Maine to resolve an action by a Massachusetts resident against a Massachusetts Police Department over an incident that took place in Massachusetts. The Court has repeatedly ruled and rules one last time that Mr. Azubuko has not shown a basis for this Court's assertion of jurisdiction over his cause of action or, if jurisdiction exists, a basis to conclude that venue in this District is proper.

The Court DENIES Chukwuma E. Azubuko's Motion for Reconsideration (Docket # 13).


John A. Woodcock, Jr.

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