Opinion
Civil No. 2:10-CV-11252
05-17-2016
DENNIS ANTHONY HALL, Petitioner, v. STEVEN RIVARD, Respondent
OPINION AND ORDER DENYING THE MOTION FOR RECONSIDERATION
On March 31, 2016, this Court denied the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, declined to issue a certificate of appealability, but granted petitioner leave to appeal in forma pauperis.
Petitioner filed a motion for reconsideration, which will be DENIED.
U.S. Dist.Ct. Rules, E.D. Mich. 7.1 (h) allows a party to file a motion for reconsideration. However, a motion for reconsideration which presents the same issues already ruled upon by the court, either expressly or by reasonable implication, will not be granted. Id.; See also Flanagan v. Shamo, 111 F. Supp. 2d 892, 894 (E.D. Mich. 2000). The movant shall not only demonstrate a palpable defect by which the Court and the parties have been misled but also show that a different disposition of the case must result from a correction thereof. A palpable defect is a defect that is obvious, clear, unmistakable, manifest, or plain. Witzke v. Hiller, 972 F. Supp. 426, 427 (E.D. Mich. 1997).
Petitioner is merely attempting to re-hash arguments that he previously raised in his original and amended habeas applications and in his replies to the state's answers. The Court will therefore deny petitioner's motion for reconsideration, because petitioner is merely presenting issues which were already ruled upon by this Court, either expressly or by reasonable implication, when the Court denied petitioner's habeas application and denied him a certificate of appealability. See Hence v. Smith, 49 F. Supp. 2d 547, 553 (E.D. Mich. 1999).
A certificate of appealability is required to appeal the denial of a motion for reconsideration in a habeas case. See e.g. Amr v. U.S., 280 Fed. Appx. 480, 486 (6th Cir. 2008). This Court will deny petitioner a certificate of appealability, because jurists of reason would not find this Court's resolution of petitioner's motion for reconsideration to be debatable. The Court will also deny petitioner leave to appeal in forma pauperis, because the appeal would be frivolous. See Allen v. Stovall, 156 F. Supp. 2d 791, 798 (E.D. Mich. 2001).
ORDER
Based upon the foregoing, IT IS ORDERED that the motion for reconsideration [Dkt. # 30] is DENIED.
IT IS FURTHER ORDERED That a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that leave to appeal in forma pauperis is DENIED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court Dated: May 17, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on May 17, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager