Phillip Brown v Carol Howes

Filing 63

ORDER denying 62 Motion for Reconsideration. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PHILLIP A. BROWN II, # 271566,
Petitioner,
v.

Case Number: 09-CV-14850
Honorable Patrick J. Duggan

CINDI CURTIN,
Respondent.
_________________________________/
ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION
WITH RESPECT TO THE COURT’S ORDER DENYING WITHOUT
PREJUDICE PETITIONER’S MOTION “TO ADD RESPONDENT”
Petitioner filed a motion to amend the case caption to reflect his current custodian.
In an order dated April 15, 2011, this Court denied the motion without prejudice because
the case presently is stayed due to continuing state-court matters. (Doc. 61.) The Court
informed Petitioner that, “[i]f the matter is subsequently re-opened, the Court will, at
Petitioner’s renewed request, amend the case caption to reflect his then current
custodian.” (Id.) On April 27, 2011, Petitioner filed a motion for reconsideration.
Eastern District of Michigan Local Rule 7.1(h) provides that a motion for
reconsideration only should be granted if the movant demonstrates that the Court and the
parties have been misled by a palpable defect and that a different disposition of the case
must result from a correction of such a palpable defect. Id. A motion that merely
presents the same issues already ruled upon by the Court shall not be granted. Id.
Petitioner fails to demonstrate that this Court committed a palpable defect that, when
corrected, will result in a different disposition of his case.

Accordingly,
IT IS ORDERED, that Petitioner’s motion for reconsideration is DENIED.

Dated: June 1, 2011
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Phillip Brown, #271566
Thumb Correctional Facility
3225 John Conley Drive
Lapeer, MI 48446
AAG Raina I. Korbakis