Opinion

Hosseinipour v. State Medical Board of Ohio

Court
District Court, S.D. Ohio
Filed
Aug 8, 2023
Cited by
0 cases
Authority
More cited than 28.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

AHMAD HOSSEINIPOUR, :

:

Plaintiff, : Case No. 2:08-cv-01205

:

v. : Chief Judge Algenon L. Marbley

:

STATE MEDICAL BOARD OF OHIO, :

et al., :

:

Defendants. :

ORDER

This matter is before the Court on Plaintiff Ahmad Hosseinipour’s Motion for

Reconsideration (ECF No. 19), in which he asks this Court to reconsider its decision denying his

request for an attorney and to reopen this case. This case was originally dismissed for failure to

state a claim on which relief can be granted on July 17, 2009. (See Order, ECF No. 7). That

decision was then affirmed by the Sixth Circuit Court of Appeals. (See Order, ECF No. 11). On

January 19, 2023, nearly 14 years after this case was closed (and during which time this case

remained closed), Plaintiff filed a letter requesting counsel. (See Mot. to Appoint Counsel, ECF

No. 17). That request was denied by this Court. (See Order, ECF No. 18). Hosseinipour now

asks for reconsideration of that decision.

Hosseinipour does not specify a basis upon which he seeks reconsideration. The Federal

Rules of Civil Procedure do not expressly provide for motions for reconsideration, but such

motions are typically construed in the Sixth Circuit as either a Rule 59(e) motion to alter or

amend judgment or as a Rule 60(b) motion for relief from judgment. Peake v. First Nat’l Bank

& Trust Co. of Marquette, 717 F.2d 1016, 1019 (6th Cir. 1983) (footnotes omitted). A Rule 59

motion must be filed within 28 days of the decision that the movant seeks to alter or amend. As

his request was made within 28 days of this Court’s denial of his motion to appoint counsel, this

Court considers his motion under the Rule 59 standard. See FED R. CIV. P. 59(b). District courts

“may grant a Rule 59(e) motion to alter or amend if there is: (1) a clear error of law; (2) newly

discovered evidence; (3) an intervening change in controlling law; or (4) a need to prevent

manifest injustice.” Intera Corp. v. Henderson, 428 F.3d 605, 620 (6th Cir. 2005) (citing

GenCorp, Inc. v. Am. Int’l Underwriters, 178 F.3d 804, 834 (6th Cir. 1999)).

Nothing in Hosseinipour’s motion addresses any of these bases for granting a Rule 59

motion. Instead, he submits three requests. First, he writes that he was discriminated against

when he had his medical license revoked (in the late 1990s), which “destroyed [his] livelihood.”

(See Mot. for Reconsideration at 1, ECF No. 19). But that claim was considered and dismissed

by this Court over ten years ago and Hosseinipour provides no reasons, in the form of new

evidence or an intervening change in controlling law, that compel this Court to reconsider its

previous decision or to reopen the case for further proceedings. Second, Hosseinipour suggests

that his attempts to seek justice in the state court system has been met with rejection at every

turn—he has suffered adverse state court decisions, had his complaints to the Supreme Court of

Ohio go unanswered, and his request for intervention from the state executive rejected. But the

decisions of state courts, the Ohio Supreme Court, and the Ohio governor’s office are not within

the province of this Court’s jurisdiction (except, of course, on habeas). That Hosseinipour has

suffered adverse decisions and has been denied relief by the state courts is undoubtedly a heavy

burden to bear, but not one that this Court can remedy either by appointing him counsel or

reopening his federal case. And third, he asks this Court to send him the Sixth Circuit’s March

2010 decision in this case, so that he may file an appeal with the United States Supreme Court.

But, to seek review from the Supreme Court, a litigant must file a petition for a writ of certiorari

within 90 days from the date of the entry of the final judgment in a federal court of appeals—a

deadline which expired 13 years ago in this case. See SUP. CT. R. 13.1.

In short, Hosseinipour provides no basis in this motion that justifies his request for

reconsideration or for reopening—or for any other form of relief he has requested. Accordingly,

the Court DENIES Plaintiff’s Motion for Reconsideration (ECF No. 19).

IT IS SO ORDERED.

/ s /_ A__lg_e_n_o_n_ _L_. _M__ar_b_l_e_y_____________

ALGENON L. MARBLEY

CHIEF UNITED STATES DISTRICT JUDGE

DATED: August 8, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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