Dillard v. Burt

Filing 102

ORDER denying 101 petitioner's Motion to rehear the Order of 3/3/2010. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EDDIE L. DILLARD #254178,
Plaintiff,
Case No. 03-71269
HON. GEORGE CARAM STEEH

vs.
SHERRY BURT,
Defendant.
____________________________/

ORDER DENYING PETITIONER’S MOTION TO
REHEAR THE ORDER OF MARCH 3, 2010 (DOC. 101)
The Court denied petitioner Eddie Dillard’s application for writ of
habeas corpus, brought pursuant to 28 U.S.C. § 2254, on June 2, 2004,
finding that his claims were without merit. The Court also denied a
certificate of appealability. The Court of Appeals for the Sixth Circuit
dismissed petitioner’s appeal. Petitioner thereafter filed a series of motions
for relief from judgment which were denied as frivolous and untimely. The
Court denied one such motion on February 2, 2010. Petitioner filed a
motion for reconsideration along with a motion for a certificate of
appealability and a motion to proceed in forma pauperis on appeal. The
Court denied these motions on March 3, 2010. This matter is presently

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before the Court on Petitioner’s Motion to Rehear the Order of March 3,
2010 pursuant to Local Rule 7.1(h). (Doc. 101).
E.D. Mich. L.R. 7.1(h) governs motions for rehearing or
reconsideration. These motions “must be filed within 14 days after entry of
the judgment or order.” Id. Petitioner’s motion was filed over seven years
after the proscribed deadline. It is untimely, and therefore, is DENIED.
IT IS SO ORDERED.
Dated: August 24, 2017
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
August 24, 2017, by electronic and/or ordinary mail and also
on Eddie Dillard #254178, West Shoreline Correctional
Facility, 2500 S. Sheridan Drive,
Muskegon Heights, MI 49444.
s/Marcia Beauchemin
Deputy Clerk

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