Opinion
Case Number 08-14422
09-02-2011
SAMUEL PEARSON, v. RAYMOND BOOKER, Respondent.
Honorable David M. Lawson
ORDER DENYING MOTION FOR RECONSIDERATION
The matter is before the Court on the petitioner's motion for reconsideration of the Court's August 11, 2011 opinion and order dismissing petition for writ of habeas corpus.
A motion for reconsideration may be granted pursuant to E.D. Mich. LR 7.1(h)(1) when the moving party shows (1) a "palpable defect," (2) that misled the court and the parties, and (3) that correcting the defect will result in a different disposition of the case. E.D. Mich. LR 7.1(h)(3). A "palpable defect" is a defect which is obvious, clear, unmistakable, manifest, or plain. Mich. Dep't of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002) (citations omitted). The petitioner has not presented any evidence of a palpable defect that misled the Court. Instead, the petitioner's motion merely revisits issues already decided by the Court. Therefore, the Court will deny the motion for reconsideration.
Accordingly, it is ORDERED that the petitioner's motion for reconsideration [dkt. #46] is DENIED.
DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on September 2, 2011.
DEBORAH R. TOFIL