Sanders v. Detroit Police Department et al
Filing
294
ORDER Denying Plaintiff's Motion for Emergency Relief 290 and Motion 'Comp(lete)uting' Judgment and Relief Retrospect 291 filed by Jeffrey Sanders. Signed by District Judge Denise Page Hood. (LSau)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFREY SANDERS,
Plaintiff,
CASE NO. 07-14206
HON. DENISE PAGE HOOD
v.
DETROIT POLICE DEPARTMENT,
et al.,
Defendants.
_______________________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR ‘EMERGENCY’
RELIEF [#290] AND MOTION ‘COMP(LETE)UTING’ JUDGMENT AND
RELIEF RETROSPECT [#291]
Now before this Court is Plaintiff Jeffrey Sanders’s pro se “Motion for
‘Emergency’ Relief from 04/21/2017 Judgment Order,” filed on February 2, 2018,
and “28 U.S.C. s2401(b) Motion ‘Comp(lete)uting’ Judgement and Relief
Retrospect,” filed on April 23, 2018. (Doc # 290; Doc # 291). These motions, are
two of a series of such motions submitted by Plaintiff. Plaintiff appears to be seeking
relief from this Court’s Order entered on April 21, 2017 (Doc # 283), which denied
two other motions submitted by Plaintiff (Doc # 280; Doc # 281). For the reasons
set forth below, Plaintiff’s “Motion for ‘Emergency’ Relief” and “Motion
‘Comp(lete)uting Judgement and Relief Retrospect” are DENIED.
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I.
ANALYSIS
A. Legal Framework
The Court considers Sanders’s filings Motions to Alter or Amend a Judgment
under Rule 59(e) of the Federal Rules of Civil Procedure. A Rule 59(e) motion
“must be filed no later than 28 days after the entry of the judgment.” Fed. R. Civ.
P. 59(e). A district court has the discretion to grant a Rule 59(e) motion (1) to correct
a clear error of law; (2) to account for newly discovered evidence or a change in
relevant law; or (3) to otherwise prevent manifest injustice. GenCorp, Inc. v. Am.
Int’l Underwriters, 178 F.3d 804, 834 (6th Cir. 1999).
This Court may also interpret Plaintiff’s Motions as an attempt to seek relief
from a final judgment under Rule 60 of the Federal Rules of Civil Procedure. Such
a motion must be made “within a reasonable time” and “no more than a year after
the entry of the judgment.” Fed. R. Civ. Pro. 60(c)(1). A district court has discretion
to grant relief when necessary to cure injustice resulting from judicial error, newly
discovered evidence, or fraud. Id. at (b).
B. Timeliness
Sanders’s Motions are untimely under Rule 59(e). Plaintiff’s Motions are
beyond the twenty-eight day period provided by Rule 59(e), as one of the Motions
was filed almost ten months (Doc # 290), and the other a year (Doc # 291), after this
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Court’s Order denying the prior motions (Doc # 283).
The Court finds that
Plaintiff’s present Motions are timely under Rule 60.
C. Grounds for Reconsideration
Regardless of whether Plaintiff is seeking relief under Rule 59 or Rule 60,
Plaintiff fails to demonstrate any grounds for relief under either rule. In addition,
the present Motions are otherwise unclear, and, to the extent Plaintiff is attempting
to argue for some other relief, it is within this Court’s discretion to deny these
Motions as indecipherable. See Kloss v. RBS Citizens, N.A., 996 F. Supp. 2d 574,
588 (E.D. Mich. 2014).
II.
CONCLUSION
For the reasons set forth above,
IT IS HEREBY ORDERED that Plaintiff Jeffrey Sanders’s “Motion for
Emergency Judgment and Relief” (Doc # 290) is DENIED.
IT IS FURTHER ORDERED that Plaintiff Jeffrey Sander’s “28 U.S.C.
s2401(b) Motion ‘Comp(lete)uting’ Judgement and Relief Retrospect” (Doc # 291)
is DENIED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: August 21, 2018
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I hereby certify that a copy of the foregoing document was served upon counsel of
record on August 21, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager
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