Sedlak et al v. Holder et al

Filing 29

ORDER denying 10 Motion to Reinstate Plaintiff. Signed by Magistrate Judge R. Steven Whalen. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROGER SEDLAK,
Plaintiff,

No. 14-11610

v.

District Judge Gerald E. Rosen
Magistrate Judge R. Steven Whalen

ERIC HOLDER, ET AL.,
Defendants.
/
ORDER
On August 4, 2014, the Court entered an order dismissing Plaintiff Catherine
Penales [Doc. #7]. The complaint was not signed by Ms. Penales, nor was the motion to
proceed in forma pauperis. The Court stated that Plaintiff Sedlak, who is proceeding pro
se, could not act on Ms. Penales’ behalf.
On September 22, 2014, Ms. Penales, who resides in the Philippines, filed a
Motion to Reinstate Plaintiff [Doc. #10]. In that motion, she states, “I grant my intended
husband, Roger Sedlak, my Power of Attorney to execute all legal documents in this case
in my absence.”
Ms. Penales has still not signed a complaint, submitted the filing fee, or submitted
an application to proceed in forma pauperis. Her proposal to have Mr. Sedlak sign her
pleadings flies in the face of the Court’s August 4, 2014 order. To the extent that she asks
reconsideration of that order, the motion is untimely. E.D. Mich. Local Rule 7.1(h)(1) (“A
motion for rehearing or reconsideration must be filed within 14 days after entry of the
judgment or order.”). She has provided no basis to “reinstate” her as a Plaintiff.

-1-

Accordingly, the Motion to Reinstate Plaintiff [Doc. #10] is DENIED.
IT IS SO ORDERED.

/s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: July 16, 2015
Certificate of Service
I certify that a copy of this order was served upon parties of record on July 17,
2015, via electronic or postal mail.
/s/A. Chubb
CASE MANAGER

-2-