Rodriguez-Arango v. Rapelje

Filing 23

ORDER Denying 22 MOTION for Reconsideration of 21 Order on Motion for Extension of Time to Answer filed by Michael Rodriguez-Arango. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL RODRIGUEZ-ARANGO,
Petitioner,

Case Number 12-11973
Honorable David M. Lawson

v.
THOMAS WINN,
Respondent.
__________________________________/
ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before the Court on the petitioner’s motion for reconsideration of the Court’s
June 13, 2016 order denying the petitioner’s motion to stay his habeas petition. The Court has
reviewed the petitioner’s motion and finds that he has shown no palpable defect that misled the
Court as to the merits of his previous motion. The Court therefore will deny the motion.
Motions for reconsideration may be granted pursuant to E.D. Mich. LR 7.1(h)(1) when the
moving party shows (1) a “palpable defect,” (2) that misled the court and the parties, and (3) that
correcting the defect will result in a different disposition of the case. E.D. Mich. LR 7.1(h)(3). A
“palpable defect” is a defect which is obvious, clear, unmistakable, manifest, or plain. Mich. Dep’t
of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002) (citations omitted).
“Generally . . . the court will not grant motions for rehearing or reconsideration that merely present
the same issues ruled upon by the court.” E.D. Mich. LR 7.1(h)(3). “A motion for rehearing or
reconsideration must be filed within 14 days after entry of the judgment or order.” E.D. Mich. LR
7.1(h)(1). The present motion seeks merely to relitigate issues previously raised by the petitioner
and addressed by the Court in its order, and it therefore must be denied.

Accordingly, it is ORDERED that the petitioner’s motion for reconsideration of the Court’s
opinion and order dismissing the petition [dkt. #22] is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: July 5, 2016
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on July 5, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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