Opinion
Case No. 1:13-cv-174
05-07-2014
DELFON BLAIR, Plaintiff, v. BEST BUY, et al., Defendants.
Weber, J.
Litkovitz, M.J.
ORDER AND REPORT AND
RECOMMENDATION
This matter is before the Court on plaintiff's motion for assistance in obtaining counsel (Doc. 23) and motion to reopen (Doc. 22), which the Court construes as a motion for reconsideration.
"As a general principle, motions for reconsideration are looked upon with disfavor unless the moving party demonstrates: (1) a manifest error of law; (2) newly discovered evidence which was not available previously to the parties; or (3) intervening authority." Meekison v. Ohio Dep't of Rehab. & Correction, 181 F.R.D. 571, 572 (S.D. Ohio 1998) (citing Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985), cert. denied, 476 U.S. 1171 (1986)). Here, plaintiff has not submitted any new evidence that cures the deficiencies identified in this Court's April 16, 2013 Order dismissing plaintiff's complaint for failure to state a claim. (Doc. 12). Further, there has been no intervening change of controlling law, nor has plaintiff identified any clear error of law.
Plaintiff has not alleged any facts or cited any legal authority which suggests that reconsideration of the Court's Order dismissing his lawsuit is warranted. If plaintiff wishes to obtain review of the Court's Order, he must pursue an appeal to the United States Court of Appeals for the Sixth Circuit.
It is therefore RECOMMENDED that plaintiff's motion to reopen (Doc. 22) be DENIED. Because the undersigned recommends that plaintiff's motion to reopen be denied, plaintiff's motion for assistance in obtaining counsel (Doc. 23) is DENIED.
__________
Karen L. Litkovitz
United States Magistrate Judge
DELFON BLAIR, Plaintiff,
vs. BEST BUY, et al., Defendants.
Case No. 1:13-cv-174
Weber, J.
Litkovitz, M.J.
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. This period may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendation is based in whole or in part upon matters occurring on the record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party's objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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