Opinion
Civil Action 20-1305
02-07-2024
JAIME ACOSTA v. SUPERINTENDENT SCI FOREST, THE DISTRICT ATTORNEY OF THE COUNTY OF BERKS, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
ORDER
MURPHY, J.
AND NOW, this 7th day of February 2024, upon considering petitioner Jaime Acosta's motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) (DI 29), defendants' response in opposition (DI 30), and for the reasons set forth in the accompanying memorandum, it is ORDERED:
1. The clerk of court is DIRECTED to reopen this case for purposes of considering Mr. Acosta's motion (DI 29).
2. Mr. Acosta's motion is DISMISSED in part for lack of jurisdiction without prejudice to his right to file with the United States Court of Appeals for the Third Circuit an application to file a second or successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A).
3. A Certificate of Appealability is DENIED pursuant to 28 U.S.C. § 2253(c) because reasonable jurists would not debate the propriety of this ruling. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
4. The clerk of court is DIRECTED to close this case.