Meadows v. University of Michigan School of Music

Filing 7

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

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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 2

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