Anderson v. Furst et al
ORDER DENYING Plaintiff's 20 Motion for Reconsideration--Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:17-12676
District Judge Victoria A. Roberts
Magistrate Judge Anthony P. Patti
MICHAEL THOMAS, and
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION
OF ORDER DENYING CONSTRUED MOTION FOR
RECONSIDERATION OF THE CLERK’S NOTICE OF DENIAL OF
REQUEST FOR CLERK’S ENTRY OF DEFAULT (DE 20)
On November 8, 2017, the Court denied Plaintiff’s request for
reconsideration of the Clerk’s notice of denial of request for clerk’s entry of
default. (DE 18.) In the instant motion for reconsideration, he requests that the
Court’s November 8, 2017 Order be “reversed” “pursuant to E.D. Mich. L.R.
7.1(h)(3)” (DE 20 at 1 (emphasis added)), and further requests that his motion for
entry of default be granted pursuant to Fed. R. Civ. P. 55(a). (DE 20.)
As explained in the Court’s prior order, to prevail on a motion for
reconsideration under Local Rule 7.1, a movant must demonstrate: (1) palpable
defect by which the court and the parties and other persons entitled to be heard on
the motion have been misled; and (2) that correcting the defect will result in a
different disposition of the case. E.D. Mich. LR 7.1(h)(3). “A palpable defect is a
defect that is obvious, clear, unmistakable, manifest or plain.” Witzke v. Hiller,
972 F. Supp. 426, 427 (E.D. Mich. 1997). Motions for reconsideration should not
be granted if they “merely present the same issues ruled upon by the court, either
expressly or by reasonable implication.” E.D. Mich. LR 7.1(h)(3).
Here, Plaintiff presents the same arguments as in his prior motion for
reconsideration. As Plaintiff has reiterated his initial arguments and not identified
a palpable defect, his motion for reconsideration is denied.
IT IS SO ORDERED.
Dated: December 7, 2017
s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on December 7, 2017, electronically and/or by U.S. Mail.
Case Manager for the
Honorable Anthony P. Patti
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