Citation Codes Equivalent Citations citation codes Docket Number No. 03-CV-1339 (JG). Motions Motion to dismiss : Granted Motion for reconsideration : Granted Motion to dismiss : Granted Motion for reconsideration : Granted Judges ROBERT HEINEMANN, District Judge See more information ... Smart Summary Please sign up to generate summary. FERNANDO GASTELU, Plaintiff, v. DENNIS BRESLIN, Superintendent, Arthur Kill Correctional Facility, Defendant. JUDGMENT ROBERT HEINEMANN, District Judge A Memorandum and Order of Honorable John Gleeson, United States District Judge, having been filed on September 12, 2005, granting defendant's motion for reconsideration; and, upon reconsideration granting the motion to dismiss; it is ORDERED and ADJUDGED that plaintiff take nothing of the defendant; that defendant's motion for reconsideration is granted; and, that upon reconsideration, the motion to dismiss is granted.