McDonald v. Stone et al

Filing 5

ORDER Construing 4 Amended Complaint filed by Paul McDonald as a Motion for Reconsideration and Denying. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Paul McDonald,
Plaintiff,

Case No. 14-14078
Hon. Victoria A. Roberts

v.
Jonathan Stone et al.,
Defendants.
_____________________________________________________________________
ORDER DENYING MOTION FOR RECONSIDERATION
On October 24, 2014, the Court issued an Order Granting Application to Proceed
In Forma Pauperis and Dismissing Complaint. The Court found that the allegations
were frivolous. See, Neitzke v. Williams, 490 U.S. 319, 324-25 (1989). Plaintiff filed
another Complaint making the same factual allegations. The Court construes the
Complaint as a motion for reconsideration. The Court denies Plaintiff’s Motion.
Local Rule 7.1(h)(3) provides the Court's standard of review:
Generally, and without restricting the court's discretion, the court will not grant
motions for rehearing or reconsideration that merely present the same issues
ruled upon by the court, either expressly or by reasonable implication. The
movant must not only demonstrate a palpable defect by which the court and the
parties and other persons entitled to be heard on the motion have been misled
but also show that correcting the defect will result in a different disposition of the
case.
Palpable defects are those which are "obvious, clear, unmistakable, manifest or
plain." Mich. Dep't of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002).
"It is an exception to the norm for the Court to grant a motion for reconsideration."
Maiberger v. City of Livonia, 724 F. Supp. 2d 759, 780 (E.D. Mich. 2010). "[A]bsent a
significant error that changes the outcome of a ruling on a motion, the Court will not

provide a party with an opportunity to relitigate issues already decided." Id.
McDonald has not demonstrated that the Court committed a palpable defect.
Instead, he simply filed a second complaint making the same allegations. For the same
reasons that the Court dismissed his first Complaint, the Court dismisses the current
Complaint.

IT IS ORDERED.
s/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: December 2, 2014
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Paul McDonald by electronic
means or U.S. Mail on December 2, 2014.
s/Carol A. Pinegar
Deputy Clerk