Clay v. Bergh

Filing 22

ORDER denying 21 Petitioner's Motion for Reconsideration of Order Denying Request for Evidentiary Hearing. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MAURICE OAKLEY CLAY,
Petitioner,
v.

Case No. 11-13868

DAVID BERGH,
Respondent.
/
ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION
Michigan prisoner Maurice Oakley Clay (“Petitioner”) has filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state criminal
proceedings. The matter before the court is Petitioner’s motion for reconsideration of
the court’s order denying his request for an evidentiary hearing. [Dkt. # 20.]
The court finds no reason to reconsider its prior ruling. A motion for
reconsideration which presents issues already ruled upon, either expressly or by
reasonable implication, will not be granted. 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 shown a palpable defect by which the court has been
misled or that a different disposition must result from a correction thereof, as required by
Local Rule 7.1(h)(3). Accordingly,

IT IS ORDERED that Petitioner’s motion for reconsideration [Dkt. # 21] is
DENIED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 7, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 7, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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