Pouncy v. Palmer

Filing 459

ORDER Denying Without Prejudice Petitioner's 457 Motion for Order to Show Cause. Signed by District Judge Matthew F. Leitman. (HRya)

Case 2:13-cv-14695-MFL-LJM ECF No. 459, PageID.14996 Filed 04/28/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,

Case No. 13-cv-14695
Hon. Matthew F. Leitman

v.
MATT MACAULEY,
Respondent.
__________________________________________________________________/
ORDER DENYING WITHOUT PREJUDICE PETITIONER’S MOTION
FOR ORDER TO SHOW CAUSE (ECF No. 457)
Now before the Court is Petitioner Omar Rashad Pouncy’s motion to require
Respondent to show cause regarding certain alleged interference with Pouncy’s
ability to communicate with his counsel in this action. (See Mot., ECF No. 457.)
This case is currently on appeal before the United States Court of Appeals for the
Sixth Circuit. The Court is not yet persuaded that it has the authority to grant the
relief Pouncy seeks given the current posture of the case on appeal. Accordingly,
the Court DENIES Pouncy’s motion WITHOUT PREJUDICE. If he wishes,
Pouncy may re-file his motion and support it with authority demonstrating that this
Court has the authority to grant the relief he seeks under these circumstances. If he
chooses to re-file his motion with such authority, the Court will consider the merits
of Pouncy’s requests at that time. Nothing in this order should be construed as a

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Case 2:13-cv-14695-MFL-LJM ECF No. 459, PageID.14997 Filed 04/28/22 Page 2 of 2

suggestion by this Court that it would be inclined to grant the relief Pouncy seeks if
it is persuaded that it has the authority to grant that relief. The Court expresses no
view whatsoever on the merits of Pouncy’s request.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 28, 2022
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on April 28, 2022, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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