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IRVIN v. HARRIS

Docket No. 17-1062-pr August Term, 2018

944 F.3d 63 (2019)

Samuel IRVIN, Plaintiff-Appellant, Daniel Miller, Demetrio Lifreiri, Eugene Mazzio, Intervenors, Louis Milburn, A. Brown, for Class of Louis Milburn, Plaintiffs, v. David R. HARRIS, Superintendent, Green Haven Correctional Facility; Thomas A. Coughlin, III, Defendants-Appellees, Henry S. Dogin, Administrator Law Enforcement Assistance Administration, United States Department of Justice; Patricia Harris, Secretary of Health Education and Welfare, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2019.

Attorney(s) appearing for the Case

BRIAN MARC FELDMAN , Harter Secrest & Emerly LLP, Rochester, NY ( Gregory M. Dickinson , on the brief), for Plaintiff-Appellant Samuel Irvin and Intervenors Daniel Miller, Demetrio Lifreiri, and Eugene Mazzio.

MARC S. GRUBE , Assistant Solicitor General ( Steven C. Wu , Deputy Solicitor General, on the brief), for Barbara D. Underwood , Attorney General, State of New York, New York, NY, for Defendants-Appellees David R. Harris and Thomas A. Coughlin, III.

Judge Lohier concurs in a separate opinion.

Samuel Irvin appeals from an order entered in the United States District Court for the Southern District of New York (Preska, J.), denying Irvin's motion under Federal Rule of Civil Procedure 60(b) to reconsider termination of the Milburn consent decree. We hold that Irvin has standing to invoke Rule 60(b) to challenge the...

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