Brown v. Kerestes

Full title: MARK A. BROWN, Petitioner, v. JOHN KERESTES, et al., Respondents.

Court: United States District Court, E.D. Pennsylvania

Date published: Dec 16, 2022

Civil Action 13-CV-3068 (E.D. Pa. Dec. 16, 2022)

Opinion

Civil Action 13-CV-3068

12-16-2022

MARK A. BROWN, Petitioner, v. JOHN KERESTES, et al., Respondents.

EDUARDO C. ROBRENO, J.

ORDER

EDUARDO C. ROBRENO, J.

AND NOW, this 16thday of December, 2022, in consideration of Petitioner Mark A. Brown's Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b) (ECF No. 53), it is ORDERED that:

1. The Clerk of Court is DIRECTED to reopen this case for purposes of considering the Motion.

2. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Brown'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).

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 Court's procedural ruling with respect to these claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

4. The Clerk of Court is DIRECTED to close this case.