David C. Lettieri v. Hostess Brands LLC

Summary

The United States District Court for the District of Kansas denied David C. Lettieri’s motion for reconsideration of the denial of his motion to reopen a previously dismissed pro se civil action. The court held that the Tenth Circuit’s affirmance foreclosed reconsideration of the dismissal in the district court and explained that further challenges should be pursued through the appellate courts.

Holdings

1. An appellate mandate forecloses the district court from reconsidering matters that were determined by the appellate court.
2. The motion for reconsideration was denied because Plaintiff was attempting to relitigate the dismissal of his complaint after the Tenth Circuit had affirmed it.

Questions Presented

1. Whether the district court could reconsider the dismissal of the action after the Tenth Circuit had affirmed that dismissal.
2. Whether Plaintiff's motion for reconsideration of the denial of his motion to reopen should be granted.

Disposition

other