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)

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

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