Bormuth v. Jackson, City of et al

Filing 95

ORDER denying 94 Plaintiff's Motion to set aside. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PETER BORMUTH,
Plaintiff,
Case No. 12-11235

v.
CITY OF JACKSON, et al.,
Defendants.
/

ORDER DENYING MOTION TO SET ASIDE
Plaintiff moves to set aside the May 9, 2013, order on the ground that he recently
moved in the court of appeals for re-hearing of a petition for mandamus. A petition for
mandamus does not remove the jurisdiction of the district court. See, e.g., Ellis v. U.S.
Dist. Court (In re Ellis), 360 F.3d 1022 (9th Cir. 2004); Woodson v. Surgitek, Inc., 57
F.3d 1406, 1416 (5th Cir. 1995). Accordingly,
IT IS ORDERED that the motion to set aside [Dkt. # 94] is DENIED.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: May 21, 2013
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, May 21, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\12-11235.BORMUTH.DenyRule60Mot.ckb.wpd