Burley v. Prelesnik

Filing 44

ORDER denying 42 Motion for Certificate of Appealability. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EDWARD DONALD BURLEY,
Petitioner,
Case No. 11-CV-11258
v.

HON. AVERN COHN

JOHN PRELESNIK,
Respondent.
_________________________________/

ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY (Doc. 42)

This is a habeas case under 28 U.S.C. § 2254. Petitioner Edward Donald Burley
(Petitioner) is a state prisoner who is serving a sentence of eighteen years, nine months
to forty years in prison, following a guilty plea, for conspiracy to commit armed robbery,
in violation of M.C.L. §§ 750.157a; 750.529. Petitioner filed a pro se petition for writ of
habeas corpus in which he presented fifteen claims for relief. On September 7, 2012,
the Court denied the petition and declined to issue a certificate of appealability. (Doc.
39).
On September 19, 2012, Petitioner filed a motion requesting a certificate of
appealability (COA) on several of his claims. Given that the Court has already found
that Petitioner is not entitled to a COA, the motion is MOOT. Furthermore, construing
Petitioner’s motion as a motion for reconsideration of the denial of a COA, it is DENIED.
Petitioner has not established that reasonable jurists would debate the Court’s

assessment of Petitioner’s claims or conclude that his claims deserve encouragement
to proceed further.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: September 25, 2012

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, September 25, 2012, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

2