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English v. Harry

United States District Court, E.D. Michigan, Southern Division
Jan 3, 2008
CASE NO. 2:07-CV-11005 (E.D. Mich. Jan. 3, 2008)

Opinion

CASE NO. 2:07-CV-11005.

January 3, 2008


ORDER DENYING PETITIONER'S MOTIONS FOR A CERTIFICATE OF APPEALABILITY, FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS, AND FOR APPOINTMENT OF COUNSEL


This matter is before the Court on Petitioner's motions for a certificate of appealability, for leave to proceed on appeal in forma pauperis, and for appointment of counsel regarding the Court's dismissal of his habeas petition on statute of limitations grounds. The Court, however, denied a certificate of appealability and denied leave to proceed on appeal in forma pauperis in its opinion and order dismissing 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(g)(3).

Accordingly, the Court DENIES Petitioner's motion for a certificate of appealability and for leave to proceed on appeal in forma pauperis. Given this determination, the Court also DENIES Petitioner's motion for appointment of counsel.

SO ORDERED.


Summaries of

English v. Harry

United States District Court, E.D. Michigan, Southern Division
Jan 3, 2008
CASE NO. 2:07-CV-11005 (E.D. Mich. Jan. 3, 2008)
Case details for

English v. Harry

Case Details

Full title:JOHN FITZGERALD ENGLISH, Petitioner, v. SHIRLEE HARRY, Respondent

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Jan 3, 2008

Citations

CASE NO. 2:07-CV-11005 (E.D. Mich. Jan. 3, 2008)