Jackson v. Berghuis
Filing
156
OPINION and ORDER Granting the 143 MOTION to Vacate, and Directing the Clerk of Court to Mail a Copy of the 131 Opinion and Order Denying the Motion Reconsideration, the Motion to Life the Stay, and the Motion to Amend/Correct the Petition and a Copy of this Order to Petitioner. Signed by District Judge Gershwin A. Drain. (TMcg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DOUGLAS JACKSON,
Petitioner,
Case No. 2:15-CV-11622
UNITED STATES DISTRICT JUDGE
GERSHWIN A. DRAIN
v.
LES PARISH,
Respondent.
____________________________________/
OPINION AND ORDER GRANTING THE MOTION TO VACATE (ECF
No. 143) AND DIRECTING THE CLERK OF THE COURT TO MAIL A
COPY OF THE OPINION AND ORDER DENYING THE MOTION FOR
RECONSIDERATION, THE MOTION TO LIFT THE STAY, AND THE
MOTION TO AMEND/CORRECT THE PETITION (ECF No. 131) AND A
COPY OF THIS ORDER TO PETITIONER
On September 22, 2022, this Court denied petitioner’s motion for
reconsideration of his motion to lift the stay, and his motion to amend or correct the
petition. (ECF No. 131). Petitioner has now filed a motion to vacate the opinion, in
which he claims he never received a copy of the Court’s order and only learned about
it after the United States Court of Appeals for the Sixth Circuit denied his petition
for mandamus. Petitioner asks that the opinion be vacated and reissued so that he
can file a timely motion for reconsideration. For the reasons that follow, the motion
to vacate is GRANTED.
1
Fed. R. Civ. P. 60(b) allows a court to reissue an opinion and order where a
party to the litigation did not receive timely notice of the judgment or order. See e.g.
Williams v. Arn, 654 F. Supp. 241, 246 (N.D. Ohio 1987). Petitioner claims he never
received a copy of this Court’s order. The opinion and order of September 22, 2022
denying the motion for reconsideration, the motion to lift the stay, and the motion to
amend or correct the petition is vacated; the Court reinstates the opinion entered on
that date nunc pro tunc as of the date of this order. See Id., at 248.
The Clerk of the Court is directed to mail a copy of the Opinion and Order
Denying the Motion For Reconsideration, the Motion to Lift the Stay, and the
Motion to Amend/Correct the Petition (ECF No. 131) and a copy of this order by
first-class mail to Petitioner.
IT IS HEREBY ORDERED That:
(1) The motion to vacate (ECF No. 131) is GRANTED. The Opinion
and Order Denying the Motion for Reconsideration, the Motion to
Lift the Stay, and the Motion to Amend/Correct the Petition dated
September 22, 2022 is vacated and is reinstated nunc pro tunc as of
the date of this order.
(2) The Clerk of the Court shall mail a copy of the Opinion and Order
Denying the Motion for Reconsideration, the Motion to Lift the
Stay, and the Motion to Amend/Correct the Petition (ECF No. 131)
and a copy of this order to Petitioner via first-class mail.
SO ORDERED.
Dated: November 2, 2023
/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge
2
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 2, 2023, by electronic and/or ordinary mail.
/s/ Teresa McGovern
Case Manager
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?