Burton v. Burton

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN SAMUEL BURTON, #358780, Petitioner, CASE NO. 2:14-CV-11760 v. HONORABLE VICTORIA A. ROBERTS DEWAYNE BURTON, Respondent. __________________________________/ ORDER DENYING PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY AND DENYING HIS APPLICATION 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 to Proceed In Forma Pauperis on Appeal concerning the Court’s May 28, 2020 decision denying his Amended 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 when it denied habeas relief. 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 fails to meet 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). The Court properly denied habeas relief and properly denied a Certificate of Appealability and leave to proceed in forma pauperis on appeal. Accordingly, the 1 Court DENIES Petitioner’s Motion for a Certificate of Appealability and his Application to Proceed In Forma Pauperis on Appeal. This case is closed. IT IS SO ORDERED.

s/ Victoria A. Roberts VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE Dated: September 21, 2020