Choiniere v. Managed Health Services et al

Filing 10

ORDER denying 9 Motion for Reconsideration. Signed by District Judge Victoria A Roberts. (CPin)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRUNO CHOINIERE, #08346-027, Plaintiff, v. MANAGED HEALTH SERVICES, et al., Defendants. ___________________________________/ ORDER DENYING MOTION FOR RECONSIDERATION Before the Court is Plaintiff's motion for reconsideration concerning the Court's summary dismissal of his civil rights complaint brought pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Court dismissed the complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A for failure to state a claim upon which relief may be granted. Plaintiff seeks reversal of the Court's decision and to proceed on his claims. However, a motion for reconsideration which presents issues already ruled upon by the court, either expressly or by reasonable implication, will not be granted. See Hence v. Smith, 49 F. Supp. 2d 547, 550 (E.D. Mich. 1999); Czajkowski v. Tindall & Assoc., P.C., 967 F. Supp. 951, 952 (E.D. Mich. 1997). Plaintiff has not met his burden of showing a palpable defect by which the Court has been misled or his burden of showing that a different disposition must result from a correction thereof, as required by Local Rule 7.1(g)(3). Accordingly, 1 CASE NO. 2:09-CV-10166 HONORABLE VICTORIA A. ROBERTS

IT IS ORDERED that Plaintiff's motion is DENIED. This case is closed.

S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: February 11, 2009
The undersigned certifies that a copy of this document was served on the attorneys of record and Bruno Choiniere by electronic means or U.S. Mail on February 11, 2009. s/Carol A. Pinegar Deputy Clerk

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