Osuna v. United States of America

Filing 26

OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kad)

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O s u n a v. United States of America D o c . 26 UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION M A R K OSUNA, P l a in tif f , F ile No. 1:08-CV-515 v. H O N . ROBERT HOLMES BELL U N IT E D STATES OF AMERICA, D e f e n d a n t. / OPINION T h is matter comes before the Court on Mark Osuna's motion for a certificate of a p p e a lab ility. (Dkt. No. 23.) On August 17, 2010, this Court denied Movant's motion to v a c a te, set aside, or correct sentence pursuant to 28 U.S.C. 2255, and denied a certificate o f appealability. (Dkt. No. 18.) The present motion is a motion for reconsideration and is su b jec t to Local Rule 7.4, which states: Generally, and without restricting the discretion of the Court, motions for rec o n sid e ratio n which merely present the same issues ruled upon by the Court s h a ll not be granted. The movant shall not only demonstrate a palpable defect b y which the Court and the parties have been misled, but also show that a d if f ere n t disposition of the case must result from a correction thereof. W.D. Mich. LCivR 7.4(a) (emphasis added). In the motion for reconsideration, Movant alleges that "any rational defendant would h a v e wanted [the] attorney to file an appeal," as shown by the transcript of the plea hearing, a n d that the Court committed plain error during the original trial by accepting his guilty plea. Dockets.Justia.com (Dkt. No. 23, 2.) Movant made the same allegations in his original 2255 motion to vacate s e n te n c e and those claims were addressed by this Court. Movant has not demonstrated a p a lp a b le defect by which the Court has been misled and that a different disposition of the c a s e must result from a correction of that defect. This motion for reconsideration merely p re se n ts the same issues ruled upon by the Court. Accordingly, the motion will be denied. Dated: November 17, 2010 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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