Jones v. Brewer, No. 3:2019cv13731 - Document 12 (E.D. Mich. 2020)
Court Description: OPINION AND ORDER denying 9 Motion for Certificate of Appealability. Signed by District Judge Robert H. Cleland. (LWag)
Download PDF
<![CDATA[
Jones v. Brewer Doc. 12 Case 3:19-cv-13731-RHC-MJH ECF No. 12 filed 05/06/20 PageID.141 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHERYL ANN JONES, #231789, Petitioner, v. Case No. 19-13731 SHAWN BREWER, Respondent. _________________________________/ OPINION AND ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY Currently before the court is the pro se motion of Petitioner Cheryl Ann Jones for a certificate of appealability concerning the court’s March 12, 2020 opinion and order dismissing her habeas petition as untimely under the one-year statute of limitations. In that order, the court specifically declined to issue a certificate of appealability. (ECF No. 7, PageID.121.) A motion for reconsideration which presents issues already ruled upon by the court, either expressly or by reasonable implication, will not be granted. Indah v. U.S. Sec. & Exch. Comm’n, 661 F.3d 914, 924 (6th Cir. 2011). Such is the case here; Petitioner’s motion simply rehashes her earlier arguments. Petitioner fails to meet her burden of showing a palpable defect by which the court has been misled or that a different disposition must result from a correction thereof. E.D. Mich. LR 7.1(h)(3). IT IS ORDERED that Petitioner’s motion for a certificate of appealability (ECF No. 9) is DENIED. This case remains closed. s/Robert H. Cleland /z ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dockets.Justia.com Case 3:19-cv-13731-RHC-MJH ECF No. 12 filed 05/06/20 PageID.142 Page 2 of 2 Dated: May 6, 2020 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, May 6, 2020, by electronic and/or ordinary mail. s/Lisa Wagner /x Case Manager and Deputy Clerk (810) 292-6522 S:\Cleland\Cleland\HEK\Staff Attorney\19-13731.JONES.deny.COA.CTB.HEK.docx 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
