Hanserd v. Woods

Filing 31

ORDER Denying 29 and 30 Motion for Rehearing En Banc to Obtain a Certificate of Appealability. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARCUS HANSERD,
Petitioner,

Case No. 16-cv-11099
Hon. Matthew F. Leitman

v.
TONY TRIERWEILER,
Respondent.
__________________________________________________________________/
ORDER DENYING MOTIONS FOR REHEARING EN BANC
TO OBTAIN A CERTIFICATE OF APPEALABILITY (ECF ##29, 30)
On October 30, 2018, this Court denied state-prisoner Marcus Hanserd’s
petition for a writ of habeas corpus in a written Opinion and Order. (See Opinion
and Order, ECF #22.) In that Opinion, and Order, the Court also declined to issue
Hanserd a certificate of appealability. (See id. at Pg. ID 1201-1202.) On December
3, 2018, Hanserd filed a Notice of Appeal. (See ECF #25).
Also on December 3, 2018, Hanserd filed a Motion for Certificate of
Appealability. (ECF #24.) Then, on December 27, 2018, Hanserd filed a “Motion
for Rehearing EnBank to Obtain Certificate of Appealability.” (ECF #27.) The
Court denied both motions in an order dated January 10, 2019. (ECF # 28.) In that
order, the Court declined to reconsider its decision to deny a certificate of
appealability, and the Court directed the Clerk of the Court transfer Hanserd’s
1

request for such a certificate to the United States Court of Appeals for the Sixth
Circuit. (See id.)

The Court explained that whether to grant a certificate of

appealability is now a question for the Sixth Circuit. (See id.)
Hanserd nonetheless continues to file in this Court motions seeking a
certificate of appealability. On January 25, 2019, and on February 1, 2019, Hanserd
filed hand-written and typed versions of the same motion: a “Motion for Rehearing
Enbanc to Obtain an Certificate of Appealability.” (ECF ##29, 30.) Given that the
Court has already twice declined to issue a certificate of appealability and that the
Court has already directed the transfer of Hanserd’s “Motion for A Certificate of
Appealability” to the Sixth Circuit, this Court DENIES both of Hanserd’s
“Motion[s] for Rehearing Enbanc to Obtain an Certificate of Appealability.” (ECF
##29, 30.)
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 26, 2019
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 26, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]
2