Opinion
Civil Action 11-CV-2423
04-28-2022
LEWIS E. BENTLEY, Petitioner, v. MICHAEL W. HARLOW, et al., Respondents.
ORDER
GERALD J. PAPPERT, JUDGE
AND NOW, this 28th day of April, 2022, in consideration of Petitioner Lewis E. Bentley's Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b) (ECF No. 42), it is ORDERED that:
1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Bentley's 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).
2. A Certificate of Appealability is DENIED pursuant to 28 U.S.C. § 2253(c) because reasonable jurists would not debate the propriety of this Court's procedural ruling with respect to these claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).