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Aussicker v. Curtin

April 9, 2010

JAMES WILLIAM AUSSICKER, PETITIONER,
v.
CINDI CURTIN, RESPONDENT.



The opinion of the court was delivered by: Robert H. Cleland United States District Judge

ORDER DENYING PETITIONER JAMES WILLIAM AUSSICKER'S MOTION FOR A CERTIFICATE OF APPEALABILITY AND GRANTING HIS MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

This matter is before the court on Petitioner's motion for a certificate of appealability and motion for leave to proceed in forma pauperis on appeal concerning the denial of his petition for a writ of habeas corpus. The court declined to issue a certificate of appealability in its opinion and order denying the petition. 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 has not met 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). Accordingly, the court will deny his motion for a certificate of appealability.

Petitioner also seeks leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24(a)(1). An appeal may not be taken in forma pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). Although the court has declined to issue a certificate of appealability in this case, the court cannot certify that the appeal is not taken in good faith. The court will therefore allow Petitioner to proceed in forma pauperis on appeal. Accordingly,

IT IS ORDERED that Petitioner's motion for a certificate of appealability [Dkt. #31] is DENIED, and his motion to proceed in forma pauperis on appeal [Dkt. # 29] is GRANTED.

20100409

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