Opinion
Case No. 06-CR-20582
03-07-2012
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL BURT, Defendant.
Hon. John Corbett O'Meara
ORDER DENYING DEFENDANT'S
MOTION FOR RECONSIDERATION
Before the court is Defendant's motion for reconsideration of this court's December 13, 2011 order denying application to proceed in forma pauperis on appeal.
Defendant's motion was filed on January 10, 2012, which is outside the fourteen-day period allowed for motions for reconsideration. See LR 7.1(h)(1) ("A motion for rehearing or reconsideration must be filed within 14 days after entry of the judgment or order.). Accordingly, it will be denied as untimely. Further, the court finds that Defendant has failed to "demonstrate a palpable defect by which the court and the parties . . . have been misled." LR 7.1(h)(3). See also L.Cr.R. 12.1(a) ("Motions in criminal cases shall be filed in accordance with the procedures set forth in LR 7.1.").
Therefore, IT IS HEREBY ORDERED that Defendant's motion for reconsideration is DENIED.
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, March 7, 2012, using the ECF system and/or ordinary mail.
William Barkholz
Case Manager