Marion v. Berghuis

Filing 96

OPINION AND ORDER Denying The Emergency Motion 93 to Reconsider Bond Pending Final Resolution of Claims and Granting Petitioner's Request 94 for the Production of Documents. Signed by District Judge Victoria A. Roberts. (LVer)

Case 2:12-cv-13127-VAR-LJM ECF No. 96, PageID.2511 Filed 01/06/22 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALLEN MARION,
Petitioner,
v.

Civil No. 2:12-CV-13127
HONORABLE VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE

JEFFREY WOODS,
Respondent,
____________________________________/
OPINION AND ORDER DENYING THE EMERGENCY MOTION TO
RECONSIDER BOND PENDING FINAL RESOLUTION OF CLAIMS (ECF
No. 93) AND GRANTING PETITIONER’S REQUEST FOR THE
PRODUCTION OF DOCUMENTS (ECF No. 94)
Petitioner, Allen Marion, filed an emergency motion to reconsider bond
pending final resolution of claims and a request for the production of documents.
The motion for reconsideration is denied.

The request for the production of

documents is granted. The Clerk of the Court is directed to provide Petitioner with
Exhibits A-D from his April 8, 2020 motion for relief from judgment. (ECF No. 72,
PageID. 2071-94).
On November 19, 2021, this Court held the petition in abeyance and
administratively closed the case so that Petitioner could return to the state courts to
exhaust an additional claim contained in his amended petition. The Court denied
Petitioner’s emergency motion for bond pending appeal. Marion v. Woods, No. 2:12CV-13127, 2021 WL 5416228 (E.D. Mich. Nov. 19, 2021).
1

Case 2:12-cv-13127-VAR-LJM ECF No. 96, PageID.2512 Filed 01/06/22 Page 2 of 3

Petitioner filed a motion for the Court to reconsider the order denying bond.
U.S. Dist.Ct. Rules, E.D. Mich. 7.1 (h) allows a party to file a motion for
reconsideration. However, a motion for reconsideration which presents the same
issues already ruled upon by the court, either expressly or by reasonable implication,
will not be granted. Michigan Regional Council of Carpenters v. Holcroft L.L.C. 195
F. Supp. 2d 908, 911 (E.D. Mich. 2002)(citing to U.S. Dist.Ct. Rules, E.D. Mich.
7.1 (g)(3)).

A motion for reconsideration should be granted if the movant

demonstrates a palpable defect by which the court and the parties have been misled
and that a different disposition of the case must result from a correction thereof. Id.
A palpable defect is a defect that is obvious, clear, unmistakable, manifest, or plain.
Witzke v. Hiller, 972 F. Supp. 426, 427 (E.D. Mich. 1997).
Petitioner’s motion for reconsideration is denied; Petitioner is merely
presenting issues which were already ruled upon by this Court, either expressly or
by reasonable implication, when the Court denied Petitioner’s motion for bond.
Hence v. Smith, 49 F. Supp. 2d 549, 553 (E.D. Mich. 1999).
Petitioner requested the Court to provide him with copies of documents which
he needs to prepare his state post-conviction motion for relief from judgment.
Petitioner claims that he lost his copies of these documents because he has been
moved around the prison system due to the Coronavirus pandemic.
28 U.S.C. § 2250 states:
2

Case 2:12-cv-13127-VAR-LJM ECF No. 96, PageID.2513 Filed 01/06/22 Page 3 of 3

“If on any application for a writ of habeas corpus an order has been
made permitting the petitioner to prosecute the application in forma
pauperis, the clerk of any court of the United States shall furnish to the
petitioner without cost certified copies of such documents or parts of
the record on file in his office as may be required by order of the judge
before whom the application is pending.”
The Court grants Petitioner’s request. The Clerk of the Court is directed
to provide Petitioner with Exhibits A-D (ECF No. 72, PageID. 2071-94) of
his motion for relief from judgment dated April 8, 2020.
ORDER
IT IS HEREBY ORDERED That:
(1) The emergency motion to reconsider bond pending final disposition
of claims (ECF No. 93) is DENIED.
(2) The request for production of documents (ECF No. 94) is
GRANTED.

Dated: 1/6/2022

s/ Victoria A. Roberts
HON. VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE

3