Kearney v. Washtenaw County Jail

Filing 7

ORDER denying plaintiff's motion for reconsideration 6 Letter. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES M. KEARNEY,

CASE NO. 17-CV-11236
HON. GEORGE CARAM STEEH

Plaintiff,
v.
WASHTENAW COUNTY
DETECTIVE NANCY HANSEN,
Defendant.
________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION
Pro se plaintiff James Kearney, a prisoner in the Washtenaw County
jail, filed a petition for a writ of mandamus. On May 2, 2017, the court sua
sponte dismissed his petition as frivolous pursuant to pursuant to 28 U.S.C.
§ 1915(e)(2) and 1915A(b). The clerk of the court docketed his petition as
a suit against the Washtenaw County Jail, and this court identified same as
the defendant in the case caption in its prior order. On May 8, 2017,
plaintiff filed a letter seeking to clarify his prior petition for a writ of
mandamus by indicating that he intends to sue Washtenaw County
Detective Nancy Hansen not the Washtenaw County Jail. The court’s prior
opinion noted that plaintiff sought mandamus relief in the form of an order

compelling Washtenaw County detectives to conduct a fair investigation of
the allegedly false charges against him. Plaintiff’s earlier filed petition
clearly identified Detective Hansen as the individual against whom he
sought mandamus relief. The court construes plaintiff’s letter as a motion
for reconsideration.
Under Local Rule 7.1(h)(3), the court will only grant a motion for
reconsideration if the movant demonstrates a palpable defect by which the
court has been misled and shows that correcting the mistake will result in a
different disposition of the case. Plaintiff’s letter merely restates allegations
of fact which the court has previously considered and determined fail to
state a basis for the extraordinary relief he seeks. Plaintiff has not
demonstrated a palpable defect by which the court has been misled.
Accordingly, plaintiff’s motion for reconsideration (Doc. 6) is DENIED. The
court has, however, corrected the case caption to name Detective Hansen
as the defendant. This correction does not alter the court’s conclusion that
plaintiff’s petition is frivolous and must be dismissed.
IT IS SO ORDERED.
Dated: May 23, 2017
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
May 23, 2017, by electronic and/or ordinary mail and also on
James M. Kearney, 2201 Hogback Rd., Ann Arbor, MI 48105.
s/Marcia Beauchemin
Deputy Clerk

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