Pouncy v. Palmer

Filing 59

ORDER Terminating as Moot Petitioner's 32 MOTION for Oral Argument and 31 MOTION For Immediate Consideration; and Granting in Part and Denying in Part Petitioner's 34 MOTION to Redocket Previously Filed Motions. Signed by District Judge Matthew F. Leitman. (HMon)

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 TERMINATING AS MOOT PETITIONER’S MOTIONS FOR
ORAL ARGUMENT AND FOR IMMEDIATE CONSIDERATION (ECF
##31-32); AND GRANTING IN PART AND DENYING IN PART
PETITIONER’S MOTION TO REDOCKET PREVIOUSLY FILED
MOTIONS (ECF #34)
On March 6, 2015, Petitioner Omar Rashad Pouncy (“Pouncy”) filed a
“Motion for Immediate Consideration” (ECF #31) and a “Motion for Oral
Argument” (ECF #32) with respect to his Motion for Summary Judgment (ECF
#33.) The Court heard oral argument on Pouncy’s summary judgment motion on
June 17, 2015, and has now decided the motion. (See ECF #58.) Accordingly, IT
IS HEREBY ORDERED that Pouncy’s Motion for Immediate Consideration
(ECF #31) and Motion for Oral Argument (ECF #32) are TERMINATED AS
MOOT.
Pouncy has also filed a “Motion to Redocket Previously Filed Motions.”
(See ECF #34.) In this motion, Pouncy seeks to have certain previous motions he
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filed adjudicated, including “Petitioner’s Motion for Bond, Motion for Oral
Argument, Motion for Referral to a Magistrate, and Motion for Evidentiary
Hearing.” (Id. at ¶9.) The Court has reviewed the motion and IT IS HEREBY
ORDERED that the motion is GRANTED IN PART AND DENIED IN PART.
Pouncy may file his proposed motion requesting an evidentiary hearing on his
claim of actual innocence, and he may request an evidentiary hearing on any other
portion of the Petition he deems appropriate. This motion is denied in all other
respects. The Court will neither grant bond nor refer this case to a Magistrate
Judge at this time.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 20, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on July 20, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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