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Lightfoot v. Burt

April 5, 2010

PHILLIP HOWARD LIGHTFOOT, PLAINTIFF,
v.
SHERRY BURT, ET. AL., DEFENDANT,



The opinion of the court was delivered by: Honorable Paul D. Borman United States District Court

OPINION AND ORDER DENYING THE MOTION FOR RECONSIDERATION

On March 8, 2010, this Court denied plaintiff's application to proceed without prepayment of fees and dismissed his civil rights complaint brought suant to 42 U.S.C. § 1983 without prejudice. Petitioner has now filed a motion for reconsideration. For the reasons stated below, the motion is DENIED.

U.S. Dist.Ct. Rules, E.D. Mich. 7.1 (h) allows a party to file a motion for reconsideration. In order for a court to grant a motion for reconsideration, the movant must show (1) a palpable defect; (2) that misled the court and the parties; and (3) that correcting the defect will result in a different disposition of the case. Sigma Financial Corp. v. American Intern. Specialty Lines Ins. Co., 200 F. Supp. 2d 710, 715 (E.D. Mich. 2002). A 'palpable defect' is a defect which is considered "obvious, clear, unmistakable, manifest, or plain." Id. As a general rule, a court will not grant a motion for rehearing or reconsideration that merely presents the same issues ruled upon by the court, either expressly or by reasonable implication. Id.

Plaintiff's motion for reconsideration will be denied, because he is merely presenting issues which were already ruled upon by this Court, either expressly or by reasonable implication, when the Court denied plaintiff's application to proceed without prepayment of fees and dismissed his civil rights complaint. See Hence v. Smith, 49 F. Supp. 2d 549, 553 (E.D. Mich. 1999).

ORDER

IT IS ORDERED that Plaintiff's motion for reconsideration [Court Docket Entry # 4] is DENIED.

SO ORDERED.

PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

20100405

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