Opinion

Saro v. Brown

  • 20 F. App'x 442
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 25, 2001
Status
Published
Cited by
0 cases
Authority
More cited than 19.3%

The opinion

Pro se federal prisoner Carlos Saro appeals a district court order that dismissed his most recent motion for reconsideration in his ongoing litigation against former Ohio attorney Patrick L. Brown. The case has been referred to this panel pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. We unanimously agree that oral argument is not needed. See Fed. R.App. P. 34(a).

In 1999, Saro sued Brown for failing to prosecute timely a § 2255 motion after Saro retained Brown. The district court dismissed Saro’s suit as frivolous and denied reconsideration following Saro’s filing of a timely Fed.R.CivP. 59(e) motion. We affirmed. Saro v. Brown, 11 FedAppx. 387, 388 (6th Cir.2001) (unpublished).

Nine months after the district court denied the Rule 59(e) motion, Saro filed the instant motion for reconsideration, which asserts the same claims. The district court denied the motion.

In his timely appeal, Saro advances the same arguments that he asserted in his appeal from the dismissal of the original complaint. The defendant has not been served and has not filed a brief.

Because Saro merely reasserts claims that have been decided against him in the *443 district court and on appeal, the law-of-the-case doctrine proscribes revisiting them. Under this doctrine, findings made at one point in the litigation become the law of the case for subsequent stages of that same litigation. United States v. Moored, 38 F.3d 1419, 1421 (6th Cir.1994); see also Arizona v. California, 460 U.S. 605, 618 , 103 S.Ct. 1382 , 75 L.Ed.2d 318 (1983). The law of the case dictates that issues, once decided, should be reopened only in extraordinary circumstances. See Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 817 , 108 S.Ct. 2166 , 100 L.Ed.2d 811 (1988). This case presents no extraordinary circumstances.

Accordingly, we affirm the district court’s judgment. Rule 34(j)(2)(C), Rules of the Sixth Circuit.

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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