Bell v. Ludwick

Filing 24

ORDER denying 22 Motion for Certificate of Appealability; and Application for leave to proceed in forma pauperis on appeal. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES BELL, #201585,
Petitioner,
CASE NO. 5:09-CV-14423
HONORABLE JOHN CORBETT O’MEARA

v.
NICK LUDWICK,
Respondent.
/

ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY AND
APPLICATION FOR LEAVE 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 for leave to proceed in forma pauperis on appeal regarding the Court’s denial of his
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 in its opinion and order denying the petition.
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 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 Petitioner’s motion and application.

s/John Corbett O’Meara
United States District Judge

Date: February 29, 2012

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, February 29, 2012, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

2