Davidson v. Michigan, State of et al

Filing 26

ORDER denying 23 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TYRONE D. DAVIDSON, Plaintiff, v. STATE OF MICHIGAN, ET AL., Defendants. / ORDER DENYING PLAINTIFF'S APRIL 3, 2009 MOTION FOR RECONSIDERATION This matter came before the court on plaintiff Tyrone D. Davidson's April 3, 2009 motion for reconsideration of the court's March 24, 2009 order granting Defendants' motions to dismiss. Defendants filed a response April 9, 2009; and Plaintiff filed a reply April 16, 2009. Pursuant to Local Rule 7.1(g)(2), no oral argument was heard. 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 have been misled but also show that correcting the defect will result in a different disposition of the case. Local Rule 7.1(g)(3). In this case plaintiff Davidson's motion for reconsideration merely presents the same issues ruled upon by the court and fails to demonstrate a palpable defect by which the court and the parties have been misled. Case No. 08-13761 Honorable John Corbett O'Meara

ORDER It is hereby ORDERED that plaintiff Tyrone D. Davidson's April 3, 2009 Motion for Reconsideration is DENIED.

s/John Corbett O'Meara United States District Judge Date: May 21, 2009

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, May 21, 2009, by electronic and/or ordinary mail. s/William Barkholz Case Manager

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