Burton v. Gidley

Filing 41

ORDER Denying Petitioner's Motion for A Certificate of Appealability and Denying His Application to Proceed In Forma Pauperis on Appeal. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN SAMUEL BURTON, #358780,
Petitioner,
CASE NO. 2:14-CV-11760
HONORABLE VICTORIA A. ROBERTS

v.
DEWAYNE BURTON,
Respondent.
__________________________________/

ORDER DENYING PETITIONER’S MOTION FOR A
CERTIFICATE OF APPEALABILITY AND DENYING HIS
APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL
This matter is before the Court on Petitioner’s Motion for a Certificate of Appealability and
his Application to Proceed In Forma Pauperis on Appeal concerning the Court’s May 28, 2020
decision denying his Amended Petition for a Writ of Habeas Corpus. The Court, however, denied
a Certificate of Appealability and denied leave to proceed in forma pauperis on appeal when it
denied habeas relief. 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. See 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).
Petitioner fails to meet 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). The Court properly denied habeas relief and properly denied a
Certificate of Appealability and leave to proceed in forma pauperis on appeal. Accordingly, the
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Court DENIES Petitioner’s Motion for a Certificate of Appealability and his Application to Proceed
In Forma Pauperis on Appeal. This case is closed.
IT IS SO ORDERED.

s/ Victoria A. Roberts
VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE
Dated: September 21, 2020

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