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Goldman v. Michigan Department of Corrections

United States District Court, E.D. Michigan, Southern Division

August 15, 2019

LANCE ADAM GOLDMAN, Petitioner,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, Respondent.

          OPINION AND ORDER GRANTING MOTION FOR IMMEDIATE CONSIDERATION [DKT. NO. 8]; DENYING MOTIONS FOR RELIEF FROM JUDGMENT [DKT. NO. 9], TO SUPPLEMENT [DKT. NO. 10], AND FOR RELIEF FROM ORDER [DKT. NO. 11]; AND DENYING CERTIFICATE OF APPEALABILITY

          DENISE PAGE HOOD CHIEF JUDGE

         I. INTRODUCTION

         Petitioner Lance Adam Goldman, currently in the custody of the Michigan Department of Corrections, filed a pro se petition for writ of habeas corpus challenging his extradition to Florida pursuant to the Interstate Agreement on Detainers (IAD). (Dkt. No. 1, filed May 9, 2019.) This Court dismissed Goldman's petition on the basis that he had not exhausted his state court remedies and was thus not entitled to federal habeas corpus relief. (Dkt. No. 6, filed June 28, 2019.) Petitioner filed motions for immediate consideration, to reopen his case, to supplement his petition, and for relief from the Court's order. Because Petitioner has not demonstrated his entitlement to relief from judgment, the case remains closed.

         II. ANALYSIS

         A. Legal standard

         A motion for reconsideration is treated as a motion to alter or amend a judgment and is governed by Rule 59(e). Such relief is granted only “if the movant demonstrates that the district court and the parties have been misled by a palpable defect, and correcting the defect will result in a different disposition of the case”. Hansmann v. Fid. Invs. Institutional Servs. Co., 326 F.3d 760, 767 (6th Cir. 2003). “A palpable defect is a defect which is obvious, clear, unmistakable, manifest or plain.” Fleck v. Titan Tire Corp., 177 F.Supp.2d 605, 624 (E.D. Mich. 2001) (internal citations and quotations omitted). Rule 7.1(h)(3) of the Local Rules of the United States District Court, Eastern District of Michigan repeats Hansmann's standard and adds that “the Court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the Court, either expressly or by reasonable implication.”

         Federal Rule of Civil Procedure 60 governs motions seeking relief from judgment, providing in pertinent part that

[o]n motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); . . .
(6) any other reason that justifies relief.

Fed. R. Civ. P. 60(b).

         Finally, Federal Rule of Civil Procedure 15 governs motions to amend or supplement pleadings. Rule 15 motions “are frequently filed and, generally speaking, ‘freely' allowed[, ]” but those filed after a judgment against the plaintiff are “a different story.” Leisure Caviar, LLC v. U.S. Fish & Wildlife Serv., 616 F.3d 612, 615 (6th Cir. 2010). As a result, the Sixth Circuit has established that a district court “lacks power” to grant a Rule 15 motion unless post judgment relief, such as that provided by Rules 59 or 60, is granted first. See In re Ferro Corp. Derivative Litigation, 511 F.3d 611, 624 (6th Cir. 2008) (brackets omitted) (quoting Acevedo-Villalobos v. Hernandez, 22 F.3d 384, 389 (1st Cir. 1994)); see also Morse v. McWhorter, 290 F.3d 795, 799 (6th Cir. 2002).

         B. ...


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