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)
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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