Ruther v. Michigan State Attorney General

Filing 9

ORDER Denying 8 Motion for Reconsideration. Signed by District Judge Matthew F. Leitman. (HMon)

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

Case No. 17-cv-10176
Hon. Matthew F. Leitman

v.
STATE OF MICHIGAN,
Defendant.
_________________________________/
ORDER DENYING MOTION FOR RECONSIDERATION (ECF #8)
On May 12, 2017, Plaintiff L. Ruther filed a handwritten motion titled
“Motion Stay Order 5-3-17.” (See ECF #8.) As with Ruther’s previous filings in
this action, it is very difficult for the Court to discern Ruther’s handwriting.1 It
appears that Ruther is requesting that the Court reconsider its May 3, 2017, Order
dismissing his Amended Complaint without prejudice. (See ECF #3.) The Court
will therefore construe Ruther’s current filing as a motion for reconsideration of that
Order.

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On January 25, 2017, the Court entered an Order to Show Cause in which it, among
other things, ordered Ruther to re-file his Complaint either “in a typed format” or
hand-written on “every other line of paper” while using “both uppercase and
lowercase letters (i.e., [not using] all capital letters).” (ECF #3 at Pg. ID 7.) Ruther
failed to comply with the Show Cause Order and his current motion likewise does
not comply with the legibility requirements of the Show Cause Order.
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Ruther’s reconsideration motion is DENIED because he has not demonstrated
a palpable defect by which the Court has been misled nor shown that correcting such
a defect (if it exists) would result in a different disposition of the case. See E.D.
Mich. Local Rule 7.1(h).
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: May 31, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 31, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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