Gardner v. McKee

Filing 16

ORDER denying 13 Motion for Certificate of Appealability. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ALEJANDRO TORRIS GARDNER,
Petitioner,
v.

Case No. 09-10335
HONORABLE AVERN COHN

KENNETH McKEE,
Respondent.
_____________________________/

ORDER DENYING PETITIONER’S MOTION FOR A CERTIFICATE OF
APPEALABILITY (Doc. 13)
This is a habeas case under 28 U.S.C. § 2254. Petitioner Alejandro Torris
Gardner (“Petitioner”), a state prisoner, challenged his jury convictions for first-degree
murder, possession of a firearm during the commission of a felony (felony firearm), and
felon in possession of a firearm. Petitioner claimed that he was deprived of a fair trial by
his trial counsel’s omissions, the prosecutor’s conduct and comments, a statement by
the trial court regarding reasonable doubt, and the cumulative effect of trial errors. The
Court denied the petition for lack of merit and declined to issue a certificate of
appealability on any of the claims presented in the petition. See Memorandum and
Order Denying Petition for Writ of Habeas Corpus and Declining to Issue a Certificate of
Appealability, filed June 1, 2011. Doc. 9.
On June 30, 2011, Petitioner signed and dated a motion for a certificate of
appealability, which is now before the Court. Doc. 13. Given that the Court has already

determined that Petitioner is not entitled to a certificate of appealability, Petitioner’s
motion is moot. Moreover, to the extent Petitioner seeks reconsideration of the denial of
a certificate of appealability, he has failed to show the Court’s decision was in error.
See E.D. Mich. LR 7.1(h)(3). Accordingly, the motion is DENIED.
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: July 13, 2011

I hereby certify that a copy of the foregoing document was mailed to Alejandro Gardner,
#431477, Chippewa Correctional Facility, 4269 W. M-80, Kincheloe, MI 48974 and the
attorneys of record on this date, July 13, 2011, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

2