Tucker v. Kandulski et al, No. 2:2015cv11117 - Document 22 (E.D. Mich. 2015)
Court Description: OPINION AND ORDER DENYING DEFENDANTS MOTION FOR RECONSIDERATION 20 AS MOOT. Signed by District Judge Gershwin A. Drain. (KWin)
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Tucker v. Kandulski et al Doc. 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION L. TUCKER, Plaintiff, Case No. 15-cv-11117 v. UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN KANDULSKI, ET AL., UNITED STATES MAGISTRATE JUDGE PATRICIA T. MORRIS Defendants. / OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR RECONSIDERATION [20] AS MOOT On September 28, 2015, Plaintiff L. Tucker filed a Motion for Reconsideration [20] as to the Court’s Order Accepting and Adopting Report and Recommendations [16]. Plaintiff argues that he has proof of timely mailing of his Objection to Report and Recommendation [18], filed twelve days after the deadline for submission. Dkt. No. 20 at ¶ 4.1 Plaintiff’s motion has been rendered moot by the Court’s thoroughly consideration of Plaintiff’s Objection to Report and Recommendation [18] in its Opinion and Amended Order Accepting and Adopting Report and Recommendations [19], published prior to receipt of Plaintiff’s motion on September 28, 2015. 1 Plaintiff cites to Exhibits A–D; however, no exhibits were attached to the motion the Court received. The same day his Motion for Reconsideration was filed, he also filed a second Objection to Report and Recommendation [21], which has “Ex-A” written in the bottom margins. This second document was unable to be considered by the Court due to the poor quality of the original and illegibility. -1Dockets.Justia.com Accordingly, for the reasons discussed, the Court HEREBY DENIES Defendant’s Motion for Reconsideration [20] as MOOT. IT IS SO ORDERED. Dated: September 29, 2015 /s/Gershwin A Drain HON. GERSHWIN A. DRAIN United States District Court Judge -2-
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