Greiner v. Charter County of Macomb, Michigan et al
ORDER Denying 151 Motion to Expand Record. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 14-cv-13979
Hon. Matthew F. Leitman
CHARTER COUNTY OF
MACOMB, MICHIGAN, a/k/a
MACOMB COUNTY, et al.,
ORDER DENYING MOTION TO EXPAND RECORD (ECF #151)
This Court previously entered summary judgment in favor of Defendants and
against Plaintiff. Plaintiff has appealed to the United States Court of Appeals for the
Sixth Circuit, and that appeal is now pending in the appellate court. On February
23, 2018, Plaintiff moved to expand the record to include a transcript of certain state
administrative proceedings. (See ECF #149.) On February 26, 2018, the Court
entered an order in which it denied that motion. (See ECF #150.) Plaintiff has now
filed a second motion to expand the record which includes an affidavit from Plaintiff.
(See ECF #151.)
The second motion to expand the record is DENIED. Plaintiff cites and
quotes Federal Rule of Appellate Procedure 10(b)(2) in support of the motion, but
that rule does not concern expanding the record on appeal with evidence not
submitted to a district court.
Rule 10(e)(2) of the Federal Rules of Appellate Procedure does allow for
supplementation of the record under some circumstances, but that rule does not
appear to support Plaintiff’s request to supplement here. The United States Court of
Appeals for the Sixth Circuit has explained that that rule does “not permit” a party
“to add new material that was never considered by the district court.” Inland Bulk
Transfer Co. v. Cummins Engine Co., 332 F.3d 1007, 1012 (6th Cir. 2003). That is
what Plaintiff apparently seeks to do through his motion – to submit for review by
the Sixth Circuit a transcript that was never considered by this Court. Plaintiff has
failed to demonstrate how his request to expand the record is permissible and/or
proper under Rule 10(e). Accordingly, the Court DENIES Plaintiff’s second motion
to expand the record.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 6, 2018
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 6, 2018, by electronic means and/or
s/Holly A. Monda
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