Hamama et al v. Adducci

Filing 674

OPINION & ORDER Denying Petitioner Jafar Muhsin Alkurdi's Motion for Reconsideration (Dkt. 673 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

USAMA J. HAMAMA, et al.,
Petitioners,

Case No. 17-11910
Hon. Mark A. Goldsmith

vs.
REBECCA ADDUCCI, et al.,
Respondents.
_______________________________/
OPINION & ORDER
DENYING PETITIONER JAFAR MUHSIN ALKURDI’S MOTION FOR
RECONSIDERATION (Dkt. 673)
On November 25, 2020, Jafar Muhsin Alkurdi filed a petition for writ of mandamus (Dkt.
669). On December 23, 2020, the Court denied the petition without prejudice (Dkt. 672). On
December 24, 2020, Alkurdi filed a letter regarding his petition for writ of mandamus (Dkt. 673).
The Court treats this letter as a motion for reconsideration of the denial of his petition for writ of
mandamus.
The Court may grant a motion for reconsideration if the movant satisfactorily shows that:
(1) a palpable defect mislead the parties and the Court; and (2) correcting the defect would result
in a different disposition of the case. E.D. Mich. L.R. 7.1(h)(3). A defect is palpable if it is
“obvious, clear, unmistakable, manifest, or plain.” Olson v. Home Depot, 321 F. Supp. 2d 872,
874 (E.D. Mich. 2004). The Court will not grant a motion for reconsideration “that merely
present[s] the same issues ruled upon by the court, either expressly or by reasonable implication.”
Id.

Alkurdi’s motion for reconsideration is identical in all but one respect to his petition for
writ of mandamus: the motion for reconsideration includes an additional page in which Alkurdi
provides that he didn’t have his Iraqi citizenship documents when he was ordered deported, but he
now has them. This additional fact has no bearing on the reasons the Court set out in its order
denying Alkurdi’s petition for a writ of mandamus. Because Alkurdi points to no palpable defect,
and the Court discerns none, Alkurdi’s motion for reconsideration (Dkt. 673) is denied.
SO ORDERED.
Dated: January 25, 2021
Detroit, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any
unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail
addresses disclosed on the Notice of Electronic Filing on January 25, 2021.
s/Karri Sandusky
Case Manager

2