Manizak v. Kelley et al

Filing 24

ORDER Denying 21 MOTION for Certificate of Appealability and denying 20 Application to Proceed Without Prepaying Fees or Costs filed by Paul Manizak. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PAUL R. MANIZAK, #193140, Plaintiff, CASE NO. 2:13-CV-11274 HONORABLE GEORGE CARAM STEEH v. ANDREW KELLEY, et al., Defendants. ____________________________________/ ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY AND DENYING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF APPELLATE FILING FEE This matter is before the Court on Plaintiff’s motion for a certificate of appealability and his application to proceed without prepayment of the appellate filing fee concerning the Court’s dismissal of his pro se civil rights complaint brought pursuant to 42 U.S.C. § 1983. In dismissing the complaint, the Court concluded that an appeal would be frivolous and could not be taken in good faith. The Court finds no reason to reconsider that decision. A motion for reconsideration which presents issues already ruled upon by the Court, 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). Plaintiff has not met his burden of showing a palpable defect by which the Court has been misled or his burden of showing that a different disposition must result from a correction thereof, as required by Local Rule 7.1(h)(3). Accordingly, the Court DENIES Plaintiff’s motion for a certificate of appealability and his application to proceed on appeal without prepayment of fees and costs. See 28 U.S.C. § 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997). IT IS SO ORDERED. Dated: June 27, 2013 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record and Paul Manizak #388677, Oakland County Jail, P.O. Box 436017, Pontiac, MI 48343 on June 27, 2013, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk 2

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