Fegel v. Commissioner of Social Security et al, No. 3:2008cv00061 - Document 20 (S.D. Ohio 2009)

Court Description: DECISION AND ORDER STRIKING MOTION FOR RECONSIDERATION - This Court has no authority to grant any reconsideration of a decision by the Court of Appeals, nor even any authority to accept motions on behalf of that Court. Plaintiff's Motion for Rec onsideration is STRICKEN. If he wishes to ask the Court of Appeals to reconsider, he should send a motion for reconsideration to that Court at the Potter Stewart Courthouse, Fifth and Walnut Streets, Cincinnati, Ohio 45202 and include in it the Court of Appeals case number which is 09-3727.Signed by Magistrate Judge Michael R Merz on 12/17/2009. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON STEVEN A. FEGEL, : Case No. 3:08-cv-061 Plaintiff, District Judge Walter Herbert Rice Magistrate Judge Michael R. Merz -vsMICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. : DECISION AND ORDER STRIKING MOTION FOR RECONSIDERATION On November 5, 2009, the United States Court of Appeals for the Sixth Circuit filed an Order dismissing Plaintiff s appeal because it was untimely filed (Doc. No. 18). Plaintiff has now filed in this Court a request for reconsideration which is clearly seeks reconsideration by the Court of Appeals. This Court has no authority to grant any reconsideration of a decision by the Court of Appeals, nor even any authority to accept motions on behalf of that Court. Plaintiff s Motion for Reconsideration is STRICKEN. If he wishes to ask the Court of Appeals to reconsider, he should send a motion for reconsideration to that Court at the Potter Stewart Courthouse, Fifth and Walnut Streets, Cincinnati, Ohio 45202 and include in it the Court of Appeals case number which is 093727. December 17, 2009. s/ Michael R. Merz United States Magistrate Judge

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