Bullard v. Rivard, No. 2:2014cv12252 - Document 27 (E.D. Mich. 2018)

Court Description: OPINION and ORDER Denying the Motion to Re-Hear Petition and Order and any Other Relief re 26 . Signed by District Judge Denise Page Hood. (LSau)

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Bullard v. Rivard Doc. 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KEITH WALTER BULLARD, Petitioner, v. Case No. 2:14-CV-12252 HONORABLE DENISE PAGE HOOD CHIEF UNITED STATES DISTRICT JUDGE SHANE JACKSON, Respondent. _________________________________/ OPINION AND ORDER DENYING THE MOTION TO RE-HEAR PETITION AND ORDER AND ANY OTHER RELIEF (DKT. # 26) On May 31, 2018, this Court denied petitioner’s habeas application brought pursuant to 28 U.S.C. § 2254, denied petitioner a certificate of appealability, but granted him leave to appeal in forma pauperis. Bullard v. Jackson, No. 2:14-CV-12252, 2018 WL 2441792 (E.D. Mich. May 31, 2018). The United States Court of Appeals for the Sixth Circuit subsequently denied petitioner’s application for a certificate of appealability and dismissed the appeal. Bullard v. Jackson, No. 18-1735, 2018 WL 4735626 (6th Cir. Sept. 19, 2018). Pending before the Court is petitioner’s “Motion To Re-hear Opinion and Order And Any Other Relief.” Petitioner requests this Court to issue a 1 Dockets.Justia.com certificate of appealability on his claims. See Dkt. # 26, Pg Id 1835. The Sixth Circuit denied petitioner a certificate of appealability and dismissed petitioner’s appeal, thus, the motion for a certificate of appealability will be denied as moot. See Woodberry v. Bruce, 203 F. App’x 186, 189 (10th Cir. 2006). The Sixth Circuit’s denial of petitioner’s motion for a certificate of appealability and the dismissal of petitioner’s prior appeal divested this Court of any power to grant petitioner a certificate of appealability on the issues he previously appealed and lost on before the Sixth Circuit. Id. IT IS HEREBY ORDERED That the Motion To Re-hear Opinion And Order and Any Other Relief (Dkt. # 26) is DENIED. s/Denise Page Hood Chief Judge, U. S. District Court Dated: December 11, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on December 11, 2018, by electronic and/or ordinary mail. s/LaShawn Saulsberry Case Manager 2

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