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Civil Rights: Other | Massachusetts
~Util - Terminate Motions
Judge Richard G. Stearns: ORDER entered. Motions terminated without prejudice: 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexander Mirsky, 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brendan Cohen, Target Corporation, 33 MOTION to Oppose Dismissal of his Complaint with Excerpts from his Exhibits Argument filed by Steven L. Smith, 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Evan McClenan. See Entry 63 . (JAM)
Order on Motion for Reconsideration
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 62 Motion for Reconsideration. Plaintiff Steven Smith has stated no basis under the law for reconsideration of this courts Order (Dkt #51). As stated by the United States Supreme Court, lower "courts should be loathe to [reconsider orders] in the absence of extraordinary circumstances such as where the initial decision was 'clearly erroneous and would work a manifest injustice.'" Christianson v. Colt Indus. Operating Corp. 486 U.S. 800, 817 (1988) (quoting Arizona v. California, 460 U.S. 605, 618 n.8 (1983)). If Smith believes that the Norfolk Superior Court justice was in error in his decision dismissing the police officer defendants from his pending case, his remedy is through the Massachusetts appellate courts, which he has undertaken (# SJC 2026-0179). This court has no jurisdiction to review Judge Sullivan's decision as part of Smith's federal case. The remaining motions in this STAYED case, will be dismissed without prejudice to be renewed if appropriate after the completion of Smith's state court proceedings and that court's determination regarding the viability of the parties' settlement agreement. The court anticipates status reports regarding the state case every three months or upon its termination, whichever occurs first. See April 30, 2026 Order (Dkt #51) at 11.(MZ)
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