Warren v. Flint Water Department

Filing 9

ORDER Regarding 8 Request filed by Tavaras Etone Warren, Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Tavaras Etone Warren,
Plaintiff,
v.
Flint Water Department,

Case No. 20-13396
Judith E. Levy
United States District Judge

Defendant.
______________________________/
NOTICE REGARDING AUGUST 30, 2021 FILING [8]
This case was dismissed and a judgment entered on May 5, 2021.
(ECF Nos. 6, 7.) On August 30, 2021, Plaintiff, who is self-represented,
filed a document entitled Civil Complaint Jury Demand. (ECF No. 8.)
Although different in form from his originally-filed complaint, the
content is largely the same. (Compare ECF No. 1, PageID.15; and ECF 8,
PageID.31.)
It is not clear to the Court what Plaintiff seeks through the August
30, 2021 filing. The time for either moving for reconsideration under
Eastern District of Michigan Local Rule 7.1(h) or appealing the Court’s
May 5, 2021 Order and Judgment had long-since passed before August

30, 2021. See Fed. R. App. P. 4(a) (setting forth that a notice of appeal is
required to be filed within 30 days after entry of the judgment or order
appealed from.) Nor could the new document be construed as a motion to
amend the complaint. “Following entry of final judgment, a party may
not seek to amend their complaint without first moving to alter, set aside
or vacate judgment pursuant to either Rule 59 or Rule 60 of the Federal
Rules of Civil Procedure.” In re Ferro Corp. Derivative Litigation, 511
F.3d 611, 624 (6th Cir. 2008). No motions to alter, set aside, or vacate
were filed. Accordingly, the August 30, 2021 filing does not affect the
status of the case.
No further pleadings should be filed. This case remains closed.
IT IS SO ORDERED.
Dated: March 16, 2022
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF System to their
respective email or first-class U.S. mail addresses disclosed on the Notice of
Electronic Filing on March 16, 2022.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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