UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JIMMIE WHITE, II, and WANDA WHITE,

Petitioners, 

v.

DAVID M. LAWSON, ET AL.,

Respondent. 

 /

Case Number: 2:15-CV-10266

HON. GEORGE CARAM STEEH

ORDER DENYING MOTION FOR RECONSIDERATION

Wanda White filed a petition for a writ of habeas corpus under 28 U.S.C. §

2241 & 2242, alleging that her son, Jimmie White, II, is currently

unconstitutionally detained in the custody of the United States Marshal Service. 

The Court found that Wanda White was not authorized to file a petition on her

son’s behalf and summarily dismissed the petition. Now before the Court is

Wanda White’s Motion for Reconsideration. 

Motions for rehearing or reconsideration may be granted when the moving

party shows (1) a “palpable defect,” (2) by which the court and the parties were

misled, and (3) the correction of which will result in a different disposition of the

case. E.D. Mich. L.R. 7.1(h)(3). A “palpable defect” is a “defect which is obvious,

clear, unmistakable, manifest or plain.” Olson v. The Home Depot, 321 F. Supp.

2d 872, 874 (E.D. Mich. 2004). 

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Wanda White seeks reconsideration of the dismissal order on the ground

that her son was “found mentally incapable to stand trial, lack of access to the

court and other disabilities.” White’s mot. at 1. She further argues that the fact

that she is Jimmie White’s mother entitles her to file a petition on his behalf. 

In support of her statement that Mr. White has been found mentally

incompetent to stand trial, Ms. White cites an order entered in her son’s criminal

proceeding, currently pending in this Court before the Honorable David M.

Lawson. However, the order Ms. White references did not rule that Mr. White is

incompetent. Instead, the order directed a competency evaluation of Mr. White. 

See 1/21/2015 Order Directing Competency Evaluation, United States v. White II,

No. 2:13-cr-20423. A hearing was held on May 1, 2015, and Mr. White was

found to be competent. See 5/1/2015 Minute Entry. Ms. White fails to identify

the “other disabilities” by which her son is allegedly burdened. Moreover, Mr.

White filed a pro se civil complaint in this Court within days of when his mother

filed the pending habeas petition. Therefore, he is clearly capable of pursuing his

rights in this Court and gaining access to the courts. Finally, Ms. White cites no

case law (and the Court is aware of none) which would grant her “next friend”

status simply because she is Mr. White’s mother. 

Ms. White fails to demonstrate that the Court’s decision dismissing the

petition was based upon a palpable defect by which the Court was misled and the

Court will deny the motion. 

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Accordingly, the Court DENIES the Motion for Reconsideration [dkt. # 6]. 

Dated: May 5, 2015

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

May 5, 2015, by electronic and/or ordinary mail and also on 

Wanda White, 6032 Chamberlain, Romulus, MI 48174.

s/Barbara Radke

Deputy Clerk

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