Penn v. Evans et al

Filing 13

ORDER denying 10 MOTION for Reconsideration re 9 Order Adopting Report and Recommendation, Order Dismissing Case filed by Tony Penn. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TONY PENN,
Plaintiff,
vs.

Case No. 11-10800
HON. GEORGE CARAM STEEH

DEPUTY EVANS, et al.,
Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION [DOC. #10]
This matter came before the court on plaintiff Tony Penn’s pro se prisoner civil
rights complaint pursuant to 42 U.S.C. § 1983. After screening the complaint pursuant
to 28 U.S.C. §§ 1915A(b), 1915e(2)(B), and 42 U.S.C. § 1997e(c)(1), Magistrate Judge
Binder recommended that the case be sua sponte dismissed with prejudice for failure to
state a claim. The court accepted the report and recommendation and dismissed
plaintiff’s case with prejudice. Plaintiff then filed a motion for reconsideration, explaining
that he had filed a timely objection to the report and recommendation which was
apparently not received by the court and was not made part of the record. The court
gave plaintiff until May 19, 2011 to re-file his objections. No objections have been
received. Now therefore,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration is DENIED.
Dated: May 24, 2011
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 24, 2011, by electronic and/or ordinary mail.
S/Josephine Chaffee
Deputy Clerk

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