Opinion
CASE NO. 5:09-CV-14423
02-29-2012
JAMES BELL, #201585, Petitioner, v. NICK LUDWICK, Respondent.
HONORABLE JOHN CORBETT O'MEARA
ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY AND
APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
This matter is before the Court on Petitioner's motion for a certificate of appealability and his application for leave to proceed in forma pauperis on appeal regarding the Court's denial of his petition for a writ of habeas corpus. The Court, however, denied a certificate of appealability and denied leave to proceed in forma pauperis on appeal in its opinion and order denying the petition. The Court finds no reason to reconsider that 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 and application.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 29, 2012, using the ECF system and/or ordinary mail.
William Barkholz
Case Manager