Dillard v. Wayne County District and Circuit Court of the State of Michigan et al

Filing 16

ORDER denying 15 Motion for Reconsideration filed by Eddie Dillard. Signed by District Judge Arthur J. Tarnow. (CPic)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EDDIE L. DILLARD, #254178,
Plaintiff,
CASE NO. 2:14-CV-10198
HONORABLE ARTHUR J. TARNOW

v.
WAYNE CO. DIST. & CIR. CT, et al.,
Defendants.
/

ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before the Court on Plaintiff’s motion for reconsideration concerning
the Court’s denial of his motion for relief from judgment under Federal Rule of Civil
Procedure 60(b)(4) regarding the Court’s denial of his request to reopen this closed civil
rights case brought pursuant to 42 U.S.C. § 1983. Plaintiff essentially seeks reconsideration
of the Court’s dismissal of, and refusal to reconsider, his complaint, which challenged his
state criminal proceedings and raised claims regarding the validity of the felony warrant, the
state court’s jurisdiction, and the judicial officers’ authority.
Plaintiff’s motion must be denied. A motion for reconsideration which presents issues
already ruled upon by the district court, either expressly or by reasonable implication, will
not be granted. Hence v. Smith, 49 F. Supp. 2d 547, 550 (E.D. Mich. 1999); Czajkowski v.
Tindall & Assoc., P.C., 967 F. Supp. 951, 952 (E.D. Mich. 1997). Plaintiff has not met his
burden of showing a palpable defect by which the Court has been misled or his burden of
showing that a different disposition must result from a correction thereof, as required by

Local Rule 7.1(h)(3). The Court properly dismissed the complaint pursuant to Heck v.
Humphrey, 512 U.S. 477, 486-87 (1994), for failure to state a claim against the state courts
who are not persons subject to suit, and on the basis of Eleventh Amendment and judicial
immunity. The Court also properly refused to reopen this case and/or to grant relief from
judgment. Accordingly, the Court DENIES Plaintiff’s motion. This case is closed. No
further pleadings should be filed in this matter. Further pleadings will be stricken.
IT IS SO ORDERED.

S/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: July 8, 2014
I hereby certify that a copy of the foregoing document was served upon parties/counsel of
record on July 8, 2014, by electronic and/or ordinary mail.
S/Catherine A. Pickles
Judicial Assistant

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