Opinion
Case No. 12-10724
01-14-2013
CARMANITA GONZALES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION
Pro se Plaintiff Carmanita Gonzales moves for reconsideration of the court's order dismissing Plaintiff's complaint. The court adopted a report and recommendation issued by Magistrate Judge Mark A. Randon which concluded that Plaintiff's claim was barred by res judicata and that the complaint failed to state a claim.
A motion for reconsideration shall be granted only if the movant can (1) "demonstrate a palpable defect by which the court and the parties . . . have been misled," and (2) "show that correcting the defect will result in a different disposition of the case." E.D. Mich. LR 7.1(h)(3). "A 'palpable defect' is a defect that is obvious, clear, unmistakable, manifest, or plain." United States v. Lockett, 328 F. Supp. 2d 682, 684 (E.D. Mich. 2004). A motion for reconsideration that presents "the same issues ruled upon by the court, either expressly or by reasonable implication," will not be granted. E.D. Mich. LR 7.1(h)(3); see also Czajkowski v. Tindall & Assocs., P.C., 967 F. Supp. 951, 952 (E.D. Mich. 1997).
Plaintiff does not identify a palpable defect. Instead, Plaintiff complains about opposing counsel's conduct during the litigation. Plaintiff claims that opposing counsel engaged in "brawl beating" by requesting extensions and "mailing documents [in] a catty and cheating fashion." (Dkt. # 19.) Plaintiff asserts that opposing counsel submitted a brief without an accompanying affidavit or any "proof" but does not specify to which brief she is referring. Plaintiff concludes that, as a pro se litigant, she is "entitled to at least one oral hearing and a different Judge upon request." (Dkt. # 19.) While Plaintiff is clearly dissatisfied with opposing counsel's conduct and the outcome of her case, she has not identified a palpable defect warranting reconsideration. Accordingly,
IT IS ORDERED that Plaintiff's motion for reconsideration [Dkt. # 19] is DENIED.
___________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 14, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522