Lettieri v. Hostess Brands LLC

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DAVID C. LETTIERI,
Plaintiff,
v. CASE NO. 24-3064-JWL
HOSTESS BRANDS LLC,
Defendant.
MEMORANDUM AND ORDER
Plaintiff brought this pro se civil action. The Court granted Plaintiff leave to proceed in
forma pauperis. On August 2, 2024, the Court entered a Memorandum and Order (Doc. 8)
dismissing this case for failure to state a claim. Plaintiff appealed, and the Tenth Circuit affirmed
the decision of this Court on May 15, 2025 (Doc. 20). Plaintiff then filed a Motion to Reopen
(Doc. 21) filed on April 6, 2026, which the Court denied (Doc. 22).
This matter is now before the Court on Plaintiff’s Motion to Reconsider (Doc. 23) filed on
May 4, 2026. While not clear, the motion apparently seeks reconsideration of this Court’s denial
of Plaintiff’s Motion to Reopen (Doc. 21).
Plaintiff’s latest motion is also denied. He continues to argue that this Court was wrong to
dismiss his Complaint because “plaintiff has shown there is a cause of action in which is a mistake
by the courts because of not being familiar with New York state law.” (Doc. 23, at 1.) Plaintiff’s
Complaint was dismissed because it failed to state an actionable claim. The dismissal was affirmed
by the U.S. Court of Appeals for the Tenth Circuit almost a year ago. (Doc. 20.) The Tenth Circuit
found that Plaintiff’s Complaint “fails to state a claim.” Id. at 5. The mandate of an appellate
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court forecloses the district court from reconsidering matters determined in the appellate court.
Nguyen v. United States, 792 F.2d 1500, 1502 (9th Cir. 1986). The way for Plaintiff to further
challenge the dismissal of his case was not to seek reconsideration in this Court but to file a petition
for rehearing in the Tenth Circuit or a petition for a writ of certiorari in the U.S. Supreme Court.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Reconsideration (Doc. 23)
is denied.
IT IS SO ORDERED.
Dated May 8, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
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