Lyons v. Lafler

Filing 53

ORDER denying 50 Motion for Reconsideration. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEROY LYONS,
Case Number: 2:10-CV-11386

Petitioner,

HONORABLE VICTORIA A. ROBERTS

v.
BLAINE LAFLER,
Respondent.
/

ORDER DENYING PETITIONER’S
MOTION TO RECONSIDER RULE 60(d) MOTION
Petitioner Leroy Lyons is a Michigan prisoner serving two life sentences. In 1999,
Lyons was convicted of two counts of first-degree murder. In 2010, Lyons filed a habeas
corpus petition. This Court denied the petition. (Dkt. # 24). The Sixth Circuit Court of
Appeals also denied a certificate of appealability. (Dkt. # 45). Lyons then filed a “Rule
60 Motion subsection (d) Fraud on this Court” (Dkt. #48), which the Court denied. Lyons
has now filed a “Motion to Reconsider Rule 60(d) Motion” (Dkt. # 50).
Motions for rehearing or reconsideration may be granted when the moving party
shows (1) a “palpable defect,” (2) by which the court and the parties were misled, and (3)
the correction of which will result in a different disposition of the case. E.D. Mich. L.R.
7.1(h)(3). A “palpable defect” is a “defect which is obvious, clear, unmistakable,
manifest or plain.” Olson v. The Home Depot, 321 F. Supp. 2d 872, 874 (E.D. Mich.
2004).

Petitioner’s motion expresses disagreement with the Court’s denial of his Rule
60(d) motion, but fails to offer any grounds for a finding that the Court’s decision was the
result of a palpable defect. A motion that simply reasserts arguments already denied by
the Court fails to allege sufficient grounds upon which to grant reconsideration. L.R.
7.1(h)(3); see also Graham ex rel. Estate of Graham v. County of Washtenaw, 358 F.3d
377, 385 (6th Cir. 2004) (affirming district court’s denial of motion for reconsideration
where motion “merely raised arguments that were already ruled upon”).
The Court DENIES Petitioner’s “Motion to Reconsider Rule 60(d) Motion” (Dkt.
# 50).

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: April 16, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of record
and Leroy Lyons by electronic means or U.S.
Mail on April 16, 2015.
S/Carol A. Pinegar
Deputy Clerk

2