Sanders v. Michigan Supreme Court et al

Filing 10

ORDER granting 8 , 9 Motions for reconsideration, reopening case, granting plaintiff IFP status and directing service of complaint. Signed by District Judge Avern Cohn. (DPer)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRENDA SANDERS, Plaintiff, Case No. 16-12959 v. HON. AVERN COHN MICHIGAN JUDICIAL TENURE COMMISSION, et al., Defendants. ______________________________________/ ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION (Docs. 8, 9) AND REOPENING CASE AND GRANTING PLAINTIFF IFP STATUS AND DIRECTING SERVICE OF THE COMPLAINT On August 15, 2016, plaintiff filed a pro se complaint naming the Michigan Judicial Tenure Commission and others as defendants. Plaintiff also sought to proceed without payment of the filing fee (IFP). Because plaintiff’s application to proceed IFP indicated she had sufficient funds to pay the filing fee, on September 13, 2016, the Court denied plaintiff IFP status and directed her to pay the filing fee by October 13, 2016. The order also stated that “[f]ailure to pay the filing fee by this deadline may result in dismissal of the complaint.” (Doc. 6). Plaintiff did not pay the filing fee. Accordingly, the Court dismissed the complaint without prejudice. (Doc. 7). Before the Court is plaintiff’s motion for reconsideration, see Docs. 8, 9, in which she asks the Court to reconsider denying her IFP status and dismissing the case for failing to pay the filing fee. In her papers, plaintiff sets forth grounds to establish that she is unable to pay the filing fee. Accordingly, plaintiff’s motion for reconsideration is GRANTED. See E.D. Mich. LR 7.1(h)(3). This case is REOPENED. Plaintiff’s application to proceed IFP is GRANTED. The Clerk is directed to process this case for service. The U.S. Marshal is directed to serve a copy of the complaint, summons, and this order upon each defendant named in the complaint. The U.S. Marshal shall effect service without prepayment of the usual costs of service. SO ORDERED. S/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: January 11, 2017 Detroit, Michigan 2

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?