Southward v. Warren

Filing 28

ORDER denying Motions for Certificate of Appealability and for leave to proceed in forma pauperis on appeal 24 27 . Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GREGORY E. SOUTHWARD, Petitioner, CASE NO. 08-CV-10398 v. HON. GEORGE CARAM STEEH MILLICENT WARREN, Respondent. ________________________________/ ORDER DENYING MOTIONS FOR CERTIFICATE OF APPEALABILITY AND FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL [DOCS. 24, 27] This matter is before the court on Petitioner's motions for a certificate of appealability and for leave to proceed in forma pauperis on appeal regarding the court's denial of his petition for a writ of habeas corpus. The court, however, denied a certificate of appealability in its opinion and order denying the petition. The court finds no reason to reconsider that decision. A motion for reconsideration which presents issues already ruled upon by the court, either expressly or by reasonable implication, will not be granted. See Hence v. Smith, 49 F.Supp.2d 547, 550 (E.D. Mich. 1999); Czajkowski v. Tindall & Assoc., P.C., 967 F.Supp. 951, 952 (E.D. Mich. 1997). Petitioner has not met his burden of showing that a different disposition must result from a correction thereof, as required by local Rule 7.1(h)(3). Accordingly, the court DENIES petitioner's motions. S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE Dated: March 29, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the parties/attorneys of record on March 29, 2010, by electronic and/or ordinary mail. S/Marcia Beauchemin Deputy Clerk 2

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