Little v. Palmer

Filing 28

ORDER denying as Dupplicative 25 Second Motion for relief from judgment. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
_____________________________________________________________________
MICHAEL LITTLE,
Petitioner,
v.

Case Number: 2:08-cv-12794

CARMEN PALMER,
Respondent.
___________________________/
ORDER DENYING AS DUPLICATIVE PETITIONER'S
SECOND MOTION FOR RELIEF FROM JUDGMENT
On March 31, 2009, this court dismissed Petitioner Michael Little’s habeas
petition as untimely and declined to issue a certificate of appealability. (3/31/2009
Order, Dkt. # 16.) The United States Court of Appeals for the Sixth Circuit also
declined to issue a certificate of appealability. Now before the court Petitioner’s second
motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b).
Petitioner signed the pending motion but it is undated. Along with his motion, Petitioner
also filed a second motion to waive fees and costs.
On May 4, 2011, Petitioner filed his first motion for relief from judgment, which
the court construed as a second or successive habeas petition and ordered the Clerk of
the Court to transfer the case to Untied States Court of Appeals for the Sixth Circuit.
See 6/4/2011 Order, Dkt. # 24.) Thereafter, the Sixth Circuit docketed the case, and the
case remains pending before that court. See In re Little, No. 11-1763 (6th Cir.). Having
reviewed the pending motion, the court concludes that it is duplicative of the one
transferred to the Sixth Circuit and, therefore, the court will deny the motion.

Accordingly,
IT IS ORDERED that Petitioner’s second “Motion for Relief from Judgment” [Dkt.
# 25] is DENIED as duplicative.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: March 12, 2012
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, March 12, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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