Lanier v. Spectrum Human Services

Filing 35

ORDER DENYINGre 34 Complaint filed by Latricia Lanier, 32 Docket Annotation, 33 Docket Annotation. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LATRICIA LANIER,
Plaintiff,

Civil Action No.
12-CV-11901

vs.
Honorable Patrick J. Duggan
SPECTRUM HUMAN SERVICES,
Defendant.
______________________________/
ORDER REGARDING PLAINTIFF’S RECENT FILINGS
On October 15, 2012, the Court issued an Opinion and Order dismissing this
civil rights case with prejudice for failure to state a claim upon which relief may be
granted. ECF No. 20. Plaintiff appealed the Court’s judgment and the Sixth
Circuit affirmed, issuing its mandate on March 15, 2013. ECF Nos. 30, 31. The
only Defendant named by Plaintiff in this lawsuit is Spectrum Human Services.
Since the Sixth Circuit issued its mandate, Plaintiff has filed three
handwritten documents on the Court’s docket – two on June 9, 2014 and one on
September 24, 2014. It difficult to ascertain with certainty exactly what Plaintiff is
asking the Court to do, but the Court believes that Plaintiff is requesting
reconsideration of the Court’s prior Opinion and Order dismissing the case, along
with a hearing or meeting before the Court. To the extent Plaintiff is making this

request, the Court lacks jurisdiction to grant it given the Sixth Circuit’s decision
and mandate affirming the Court’s Opinion and Order dismissing the case against
Spectrum Human Services with prejudice. See Invention Submission Corp. v.
Dudas, 413 F.3d 411, 414-15 (4th Cir. 2005) (“Under the mandate rule, . . . a lower
court generally may not consider questions that the mandate has laid to rest.”).
The Court notes an irregularity in the three documents filed by Plaintiff. In
the caption of all three documents, Plaintiff writes the case number of the present
lawsuit, but lists the “State of Michigan” as the Defendant. The Court notes that
the State of Michigan was not a Defendant in this case; thus, the Court has not
adjudicated any claims against the State of Michigan by way of this lawsuit.
For these reasons, Plaintiff’s request for reconsideration and/or a hearing or
meeting is DENIED.
SO ORDERED.

Dated: October 8, 2014

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Latricia Lanier
Emily M. Ballenberger, Esq.

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