Chambers v. McCullick

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHANE SWINDALL CHAMBERS, Petitioner, v. CASE NO. 2:19-CV-11396 HONORABLE PAUL D. BORMAN MARK MCCULLICK,

Respondent. ______________________________/ ORDER TRANSFERRING PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY (ECF NO. 13) TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT This matter is before the Court on Petitioner’s motion for a certificate of appealability concerning the Court’s March 1, 2022 Opinion and Order denying and dismissing with prejudice his petition for writ of habeas corpus. The Court denied a certificate of appealability and denied leave to proceed in forma pauperis on appeal in its Opinion and Order denying the habeas petition. Consequently, the Court construes Petitioner’s motion as a request for reconsideration. See Jackson v. Crosby, 437 F.3d 1290, 1294 n. 5 (11th Cir. 2006); Lyons v. Lafler, No. 2:10-CV-11386, 2013 WL 812083, *1 (E.D. Mich. Mar. 5, 2013); Pettigrew v. Rapelje, No. 08-12530-BC, 2008 WL 4186271, *1 (E.D. Mich. Sept. 10, 2008).

Having reviewed the matter, the Court finds no reason to reconsider its prior decision. A motion for reconsideration which presents issues already ruled upon by the Court, either expressly or by reasonable implication, will not be granted. 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). Such is the case here.

When a district court denies a certificate of appealability, the proper procedure is for a habeas petitioner to file a motion for a certificate of appealability with the appellate court. See Sims v. United States, 244 F.3d 509 (6th Cir. 2011) (citing Fed. R. App. P. 22(b)(1)). Accordingly, in the interest of justice, the Court transfers the motion for a

certificate of appealability (ECF No. 13) to the United States Court of Appeals for the Sixth Circuit. IT IS SO ORDERED.

s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: March 28, 2022