Tucker v. Kandulski et al

Filing 22

OPINION AND ORDER DENYING DEFENDANTS MOTION FOR RECONSIDERATION 20 AS MOOT. Signed by District Judge Gershwin A. Drain. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
L. TUCKER,
Plaintiff,

Case No. 15-cv-11117

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

KANDULSKI, ET AL.,

UNITED STATES MAGISTRATE JUDGE
PATRICIA T. MORRIS

Defendants.
/

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR RECONSIDERATION [20] AS MOOT

On September 28, 2015, Plaintiff L. Tucker filed a Motion for Reconsideration [20] as to
the Court’s Order Accepting and Adopting Report and Recommendations [16]. Plaintiff argues
that he has proof of timely mailing of his Objection to Report and Recommendation [18], filed
twelve days after the deadline for submission. Dkt. No. 20 at ¶ 4.1

Plaintiff’s motion has been rendered moot by the Court’s thoroughly consideration of

Plaintiff’s Objection to Report and Recommendation [18] in its Opinion and Amended Order
Accepting and Adopting Report and Recommendations [19], published prior to receipt of
Plaintiff’s motion on September 28, 2015.

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Plaintiff cites to Exhibits A–D; however, no exhibits were attached to the motion the Court received. The same day
his Motion for Reconsideration was filed, he also filed a second Objection to Report and Recommendation [21],
which has “Ex-A” written in the bottom margins. This second document was unable to be considered by the Court
due to the poor quality of the original and illegibility.

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Accordingly, for the reasons discussed, the Court HEREBY DENIES Defendant’s
Motion for Reconsideration [20] as MOOT.
IT IS SO ORDERED.
Dated: September 29, 2015
/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

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