Anderson v. Furst et al

Filing 21

ORDER DENYING Plaintiff's 20 Motion for Reconsideration--Signed by Magistrate Judge Anthony P. Patti. (MWil)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JERRY ANDERSON, Plaintiff v. Case No. 2:17-12676 District Judge Victoria A. Roberts Magistrate Judge Anthony P. Patti COLTER FURST, MICHAEL THOMAS, and NATHAN ELLIS Defendants. ___________________________________/ 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. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 2   

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?