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Smith v. Sampson

March 29, 2010

TIMOTHY G. SMITH, #251105, PLAINTIFF,
v.
MICHIGAN PAROLE BOARD CHAIRMAN BARBARA SAMPSON, MICHIGAN PAROLE BOARD MEMBERS JODI DEANGELO, LAURIN THOMAS, MIGUEL BERRIOS, AND CHARLES BROWN, GENESEE COUNTY SHERIFF ROBERT PICKELL, AND GENESEE COUNTY PAROLE AGENT DEBORAH YANKEE-BEDNARSK, DEFENDANTS.



The opinion of the court was delivered by: Honorable Patrick J. Duggan

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION

This matter is before the Court on Plaintiff's motion for reconsideration concerning the Court's March 3, 2010 dismissal of his pro se civil rights complaint brought pursuant to 42 U.S.C. § 1983. The Court dismissed the complaint for failure to state a claim upon which relief may be granted and on the basis of immunity. Plaintiff's motion must be denied.

A motion for reconsideration which presents issues already ruled upon by the district court, either expressly or by reasonable implication, will not be granted. E.D. Mich. LR 7.1(h)(3); see also Hence v. Smith, 49 F. Supp. 2d 547, 550 (E.D. Mich. 1999).

Plaintiff raises just such issues in his motion. The Court has properly dismissed the complaint for the reasons stated in the opinion. Plaintiff has not met his burden of showing a palpable defect by which the Court has been misled or his burden of showing that a different disposition must result from a correction thereof, as required by Local Rule 7.1(h)(3).

Accordingly, IT IS ORDERED, that Plaintiff's motion for reconsideration is DENIED.

PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

20100329

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