Foreman #12658-040 v. United States of America

Filing 23

OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

F o r e m a n #12658-040 v. United States of America

D o c . 23

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

B E N JA M IN P. FOREMAN, M o v a n t, File No. 1:08-CV-1115 v. H O N . ROBERT HOLMES BELL U N IT E D STATES OF AMERICA, R e sp o n d e n t. / OPINION T h is matter comes before the Court on Movant Benjamin P. Foreman's motions to a p p o in t counsel, (Dkt. No. 17), to expedite, (Dkt. No. 18), and to consolidate cases. (Dkt. No. 1 9 .) These motions were filed in reference to an underlying motion to alter or amend a j u d g m e n t pursuant to Fed. R. Civ. P. 59(e). (Dkt. No. 15.) The 59(e) motion is no longer p e n d in g before this court. (Dkt. No. 21.) For the reasons that follow, the motions will be d ism iss e d as moot. M o v a n t filed the instant motions within the same week that this Court filed its opinion d e n yin g in part and transferring in part Movant's motion under Rule 59(e). (Dkt. Nos. 17-19, 2 1 .) The motions to appoint counsel and to expedite would not have altered the disposition o f the underlying 59(e) motion, as they are matters that do not relate to the merits. Because th e 59(e) motion is no longer before this Court, the requests for counsel and to expedite the c a se are moot. Additionally, the third motion, to consolidate cases, is moot because the

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criminal case to which Movant refers has also been transferred and is no longer before this C o u rt. (File No. 1:06-CR-30, Dkt. No. 50.) Accordingly, the motions to appoint counsel, to expedite, and to consolidate will be dismissed as moot. An order consistent with this opinion will be entered.

Dated: October 22, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE