Glenn v. Corizon Medical, Inc.

Filing 75

ORDER denying 74 plaintiff's Motion for Reconsideration. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MYRON C. GLENN,
Plaintiff,
Case No. 17-10972
vs.
HON. GEORGE CARAM STEEH
CORIZON HEALTHCARE, INC.,
DR. HARESH B. PANDYA, M.D.,
Defendants.
_____________________________/
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION [ECF NO. 74]
This matter is before the court on plaintiff Myron C. Glenn’s motion for
reconsideration of this court’s May 3, 2019 Order Granting Defendant
Corizon Health, Inc.’s Motion for Summary Judgment [ECF No. 73]. For
the reasons stated below, plaintiff’s motion for reconsideration is DENIED.
Local Rule 7.1(h)(3) of the Local Rules of the United States District
Court for the Eastern District of Michigan provides:
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.

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Plaintiff proposes two palpable errors in his motion for
reconsideration. First is that the court was incorrect in concluding that
plaintiff did not argue that the named state actors had final decision-making
authority. The court reviewed plaintiff’s response to defendant’s motion
for summary judgment and confirms its prior holding. However, even if
plaintiff had argued that the individuals were policymakers with final
decision-making authority, this would not result in a different disposition of
the case.
This brings the court to plaintiff’s second palpable error, that
Utilization Managers are given final decision-making authority as opposed
to mere discretion. Plaintiff raises the same issues previously considered
and ruled on by the court. The court stands by its holding that the MDOCCorizon Appeal Process provides that the MDOC Chief Medical Officer,
and not Corizon Utilization Managers, has final authority on all Medical
Service Advisory Committee decisions. See ECF No. 70, Ex. A and B.
Now, therefore,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration is
DENIED.
Dated: June 4, 2019
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 4, 2019, by electronic and/or ordinary mail and also on
Myron Glenn #188376, Carson City Correctional Facility,
10274 Boyer Road, Carson City, MI 48811.
s/Barbara Radke
Deputy Clerk

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