Opinion
04-CR-6063L 09-CV-6110L
05-21-2015
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS T. LOFTON, Defendant.
DECISION AND ORDER
Defendant Thomas T. Lofton filed a motion (Dkt. #180), pro se, which by its terms seeks to "reopen the Court's judgment" pursuant to FED. R. CIV. P. 60(b).
In essence, Lofton asked this Court to reconsider its Decision and Order (Dkt. #165) entered June 23, 2010 denying Lofton's motion to vacate, brought pursuant to 28 U.S.C. § 2255 and denying a certificate of appealability. The appeal from that was dismissed by the Second Circuit.
There is no basis in law or fact for this Court to reconsider its prior decision denying Lofton's § 2255 motion. Therefore, defendant's motion to reopen judgment (Dkt. #180) is in all respects denied.
IT IS SO ORDERED.
/s/_________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
May 21, 2015.