Gurnsey v. Prelesnik
Filing
14
ORDER denying Petitioner's 12 Motion to Alter or Amend Judgment. Signed by District Judge Gerald E. Rosen. (JOwe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID GURNSEY,
Petitioner,
vs.
No. 11-15038
Hon. Gerald E. Rosen
JOHN PRELESNIK,
Respondent.
___________________________/
ORDER DENYING PETITIONER’S MOTION TO
ALTER OR AMEND JUDGMENT
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on July 13, 2015
PRESENT: Honorable Gerald E. Rosen
United States District Chief Judge
On October 7, 2014, the Court entered an Order concluding that Petitioner’s
Motion for Relief from Judgment, filed on September 2, 2014, constituted a second or
successive habeas corpus petition, and accordingly, transferred Petitioner’s Motion for
Relief from Judgment to the Sixth Circuit Court of Appeals, pursuant to 28 U.S.C. §
2244(b)(3)(A). Petitioner thereafter filed the instant “Motion to Alter or Amend
Judgment” in which he sought reconsideration and reversal of the Order transferring his
Motion for Relief from Judgment to the Court of Appeals contending that the Motion for
Relief from Judgment was not a second or successive habeas petition.
On June 23, 2015, the Sixth Circuit entered an Order in which it agreed with this
Court and concluded that Petitioner’s Motion for Relief from Judgment was, in fact, a
second or successive habeas corpus petition. See In re David Gurnsey, Ct. of App. No.
14-2290. And, finding that Petitioner failed to meet the standard for authorizing such a
second or successive petition, the appellate court denied authorization for this Court to
consider the petition. Id.
As the Sixth Circuit has determined that this Court was correct in its determination
that Petitioner’s Motion for Relief from Judgment was a second or successive habeas
corpus petition, and as this Court is inferior to the Circuit Court of Appeals, it has no
jurisdiction to overrule or deviate from a decision of that court. Therefore,
IT IS HEREBY ORDERED that Petitioner’s Motion to Alter or Amend Judgment
[Dkt. # 12] is DENIED.
s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: July 13, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on July 13, 2015, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, (313) 234-5135
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