Meadows v. University of Michigan School of Music

Filing 7

ORDER Denying 6 Motion for Reconsideration. Signed by District Judge Victoria A Roberts. (LVer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______________________________ ELDRED MEADOWS, Plaintiff, CASE NUMBER: 10-11574 HONORABLE VICTORIA A. ROBERTS v. UNIVERSITY OF MICHIGAN SCHOOL OF MUSIC, Defendant. ___________________________/ ORDER DENYING MOTION FOR RECONSIDERATION On April 27, 2010, this Court issued an Order dismissing Plaintiff's Complaint against the University of Michigan School of Music, pursuant to 28 U.S.C. § 1915. The Court concluded the allegations in Plaintiff's complaint failed to state a claim upon which relief could be granted. The matter is now before the Court on Plaintiff's Motion for Reconsideration [Dkt #6], filed May 17, 2010. Motions for reconsideration may be granted pursuant to E.D. Mich. LR 7.1(g)(1) when the moving party shows (1) a "palpable defect," (2) that misled the court and the parties, and (3) that correcting the defect will result in a different disposition of the case. E.D. Mich. LR 7.1(g)(3). A "palpable defect" is a defect which is obvious, clear, unmistakable, manifest, or plain. Mich. Dep't of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002) (citations omitted). Plaintiff's motion for reconsideration 1

does not meet this standard; it fails to identify a cognizable cause of action. Plaintiff has not shown a palpable defect in the Court's order dismissing the case. Accordingly, Plaintiff's motion for reconsideration is DENIED. IT IS ORDERED. /s/ Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: June 10, 2010
The undersigned certifies that a copy of this document was served on the attorneys of record and Eldred Meadows by electronic means or U.S. Mail on June 10, 2010. s/Linda Vertriest Deputy Clerk

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