Blumenthal v. Combs et al

Filing 33

ORDER denying 30 Motion to Set Aside. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THOMAS BLUMENTHAL, III,
Case No. 12-11859
Plaintiff,
Honorable John Corbett O’Meara
v.
THOMAS COMBS, et al.,
Defendants.
/
ORDER
DENYING PLAINTIFF’S MOTION TO SET ASIDE JUDGMENT
This matter came before the court on the April 5, 2013 motion to set aside judgment filed by
plaintiff Thomas Blumenthal, III. Defendants filed a response April 23, 2013; no oral argument was
heard.
On March 13, 2013, this court entered an order denying Plaintiff's motion for preliminary
injunction and granting Defendants' motion for summary judgment. In the order the court
"presume[d] that the issues ha[d] been rendered moot by parole conditions that [were] modified
since Plaintiff filed his complaint." Order at 2. Plaintiff asserts that the court was incorrect in the
presumption; and that although his terms of parole had been modified to allow visitation with his
children, he is still not permitted to live with them.
However, in setting the terms of Plaintiff's parole, "Defendants were not obligated to bestow
on Plaintiff any more liberty than he could have expected as a prison inmate serving the term of his
sentence." Catanzaro v. Harry, 848 F. Supp. 2d 780, 794 (W.D. Mich. 2012). In this case, while
Plaintiff was incarcerated he would have been allowed visitation with his children, but he could not
live with them. The same degree of contact is allowed under Plaintiff's parole conditions. Despite

the court's presumption that the issues in this litigation were moot, correcting that defect would not
result in a different disposition of the case.
ORDER
It is hereby ORDERED that Plaintiff's April 5, 2013 motion to set aside judgment is
DENIED.

s/John Corbett O'Meara
United States District Judge
Date: May 3, 2013

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, May 3, 2013, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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