Aaron v. Tyluki et al

Filing 70

ORDER DENYING PLAINTIFF'S 62 Motion to Amend/Correct; DENYING AS MOOT PLAINTIFF'S 64 Motion for Sanctions; DENYING AS MOOT PLAINTIFF'S 66 Motion to Amend/Correct. Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFREY AARON, #275291,
CIVIL ACTION NO. 12-14866
Plaintiff,
DISTRICT JUDGE JOHN CORBETT O’MEARA
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
JOHN TYLUKI, et al.,
Defendants.
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ORDER
Plaintiff Jeffrey Aaron has filed the following motions:
(1) Rule 59(e) Motion to Alter or Amend a Judgment for Dkt #61 “Order” Dated
7/7/15 [Doc. #62];
(2) Motion for Sanctions [Doc. #64]; and
(3) Motion to Correct Cover Page [Doc. #66].
As to the request to amend the judgment under Fed.R.Civ.P. 59(a), the Plaintiff
seeks to amend a discovery order [Doc. #61], not a judgment. Therefore, there is no basis
to apply Rule 59. A request to alter or amend a discovery order is properly made by way
of a motion for reconsideration. Under E.D. Mich. L.R. 7.1(g)(3), a motion for
reconsideration may not be granted unless the moving party shows that there is a
“palpable defect by which the court and the parties have been misled.” Having reviewed
the order, the Plaintiff’s motion, and the Defendant’s response, I find no such defect.
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Therefore, Plaintiff’s motion to amend [Doc. #62] will be DENIED.
Plaintiff’s motion for sanctions is premised on his allegation that the Defendants
have not complied with this Court’s discovery order. But they have. See Defendants’
Response [Doc. #68]. Plaintiff’s motion for sanctions [Doc. #64] will be DENIED AS
MOOT.
Plaintiff’s motion to amend the cover page of his motion for sanctions [Doc. #66]
will also be DENIED AS MOOT, since the underlying motion is being denied.
IT IS THEREFORE ORDERED that Plaintiff’s motion to amend [Doc. #62] is
DENIED.
IT IS FURTHER ORDERED that Plaintiff’s motion for sanctions [Doc. #64] and
motion to correct [Doc. #66] are DENIED AS MOOT.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: January 28, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
January 28, 2016, electronically and/or by U.S. mail.
s/C. Ciesla
Case Manager

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