Opinion
Civil Case No. 15-cv-12848 Criminal Case No. 13-cr-20792-02
03-10-2016
SHANNON DONALD SEXTON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
UNITED STATES MAGISTRATE JUDGE DAVID R. GRAND
ORDER DENYING PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY PURSUANT TO 28 U.S.C. § 2253 [62]
I. INTRODUCTION
Before the Court is Petitioner's Motion for Certificate of Appealability pursuant to 28 U.S.C. § 2253. See Dkt. No. 62. However, upon review of the Motion, the Court finds that Petitioner, acting pro se, intended to file a Motion for Reconsideration of the Court's prior Order Denying Petitioner's Motion to Vacate, Set Aside or Correct Sentence, and Denying a Certificate of Appealability. See Dkt. No. 58. As such, the Court shall treat the pending Motion as a Motion for Reconsideration.
Under this Court's Local Rules, a motion for reconsideration must be filed within 14 days after entry of the judgment or order. E.D. Mich. L. R. 7.1(h)(1). The original Judgment denying Petitioner's request for a Certificate of Appealability was entered on January 4, 2016. See Dkt. No. 59. Petitioner's current Motion was filed on March 7, 2016. See Dkt. No. 62. More than 14 days had passed between the entry of the judgment and Petitioner's motion. Accordingly, the Motion is untimely and is DENIED.
IT IS SO ORDERED. Dated: March 10, 2016
Detroit, MI
/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge