Pouncy v. Palmer

Filing 474

ORDER Denying Petitioner's 469 Motion for Immediate Entry of Order Directed to the Michigan Department of Corrections. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,

Case No. 13-cv-14695
Hon. Matthew F. Leitman

v.
CARMEN D. PALMER,
Respondent.
__________________________________________________________________/
ORDER DENYING PETITIONER’S MOTION FOR IMMEDIATE
ENTRY OF ORDER DIRECTED TO THE MICHIGAN DEPARTMENT
OF CORRECTIONS (ECF No. 469)
On April 25, 2023, Petitioner Omar Rashad Pouncy filed a motion in which
he asked the Court to direct the Michigan Department of Corrections (the “MDOC”)
to take certain actions. (See Mot., ECF No. 469.) For example, Pouncy asked the
Court to order the MDOC to transfer him to the Macomb Correctional Facility so
that he could be located closer to his appellate counsel. (See id., PageID.15051.) He
also asked that the MDOC schedule phone calls and video conferences with his
appellate counsel. (See id., PageID.15053.) But since Pouncy filed that motion, he
has moved in the Sixth Circuit to discharge his appellate counsel. See Pouncy v.
Palmer, Sixth Cir. Case No. 21-1811, at Docket No. 56. Thus, it does not appear
that Pouncy needs to be moved closer to counsel. Nor does Pouncy need to have the
MDOC facilitate video conferences with counsel. Simply put, Pouncy has not
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persuaded the Court that he is entitled to the relief he seeks in his motion. The
motion is therefore DENIED.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 23, 2023
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 23, 2023, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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