Dent v. Bergh

Filing 22

ORDER denying 20 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES DENT, #214488, Petitioner, CASE NO. 14-CV-13272 HON. JOHN CORBETT O’MEARA v. DAVID BERGH, Respondent. __________________________________/ ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION This matter is before the Court on Petitioner’s motion for reconsideration concerning the Court’s September 13, 2017 opinion and order denying his habeas petition on the merits. The Court also denied a certificate of appealability and denied leave to proceed in forma pauperis on appeal. Having reviewed the matter, the Court finds no reason to reconsider its 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 for reconsideration. This case remains closed. IT IS SO ORDERED. s/John Corbett O’Meara United States District Judge Date: October 26, 2017 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, October 26, 2017, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager 2

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