Dent v. Bergh

Filing 27

ORDER Denying 24 Application to Proceed Without Prepaying Fees or Costs, and 25 MOTION for Certificate of Appealability. 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 A CERTIFICATE OF APPEALABILITY AND HIS APPLICATION TO PROCEED IN FORMA PAUPERIS 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 September 13, 2017 opinion and order denying his habeas petition on the merits. The Court denied a certificate of appealability and denied leave to proceed in forma pauperis on appeal when it denied the petition. Having reviewed the matter, the Court finds no reason to reconsider its prior ruling. A motion for reconsideration which presents issues already ruled upon, either expressly or by reasonable implication, will not be granted. 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. IT IS SO ORDERED. s/John Corbett O’Meara United States District Judge Date: October 31, 2017 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, October 31, 2017, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager 2

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