Elawyers Elawyers
Washington| Change

Hanserd v. Trierweiler, 16-cv-11099. (2019)

Court: District Court, E.D. Michigan Number: infdco20190327e03 Visitors: 19
Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: ORDER DENYING MOTIONS FOR REHEARING EN BANC TO OBTAIN A CERTIFICATE OF APPEALABILITY (ECF ##29, 30) MATTHEW F. LEITMAN , District Judge . On October 30, 2018, this Court denied state-prisoner Marcus Hanserd's petition for a writ of habeas corpus in a written Opinion and Order. ( See Opinion and Order, ECF #22.) In that Opinion, and Order, the Court also declined to issue Hanserd a certificate of appealability. ( See id. at Pg. ID 1201-1202.) On December 3, 2018, Hanserd filed a Notice of
More

ORDER DENYING MOTIONS FOR REHEARING EN BANC TO OBTAIN A CERTIFICATE OF APPEALABILITY (ECF ##29, 30)

On October 30, 2018, this Court denied state-prisoner Marcus Hanserd's petition for a writ of habeas corpus in a written Opinion and Order. (See Opinion and Order, ECF #22.) In that Opinion, and Order, the Court also declined to issue Hanserd a certificate of appealability. (See id. at Pg. ID 1201-1202.) On December 3, 2018, Hanserd filed a Notice of Appeal. (See ECF #25).

Also on December 3, 2018, Hanserd filed a Motion for Certificate of Appealability. (ECF #24.) Then, on December 27, 2018, Hanserd filed a "Motion for Rehearing EnBank to Obtain Certificate of Appealability." (ECF #27.) The Court denied both motions in an order dated January 10, 2019. (ECF # 28.) In that order, the Court declined to reconsider its decision to deny a certificate of appealability, and the Court directed the Clerk of the Court transfer Hanserd's request for such a certificate to the United States Court of Appeals for the Sixth Circuit. (See id.) The Court explained that whether to grant a certificate of appealability is now a question for the Sixth Circuit. (See id.)

Hanserd nonetheless continues to file in this Court motions seeking a certificate of appealability. On January 25, 2019, and on February 1, 2019, Hanserd filed hand-written and typed versions of the same motion: a "Motion for Rehearing Enbanc to Obtain an Certificate of Appealability." (ECF ##29, 30.) Given that the Court has already twice declined to issue a certificate of appealability and that the Court has already directed the transfer of Hanserd's "Motion for A Certificate of Appealability" to the Sixth Circuit, this Court DENIES both of Hanserd's "Motion[s] for Rehearing Enbanc to Obtain an Certificate of Appealability." (ECF ##29, 30.)

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer