Burton v. Rozum

Full title: MICHAEL BURTON v. GERALD ROZUM, THE DISTRICT ATTORNEY OF THE COUNTY OF…

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

Date published: Oct 30, 2024

Civil Action 05-4872 (E.D. Pa. Oct. 30, 2024)

Opinion

Civil Action 05-4872

10-30-2024

MICHAEL BURTON v. GERALD ROZUM, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

MURPHY, J.

ORDER

MURPHY, J.

AND NOW, this 30^th day of October 2024, upon considering petitioner's motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(2) & 60(b)(6) (DI 23), respondents' opposition (DI 32), petitioner's motion for appointment of counsel (DI 30), petitioner's motion for discovery (DI 31), petitioner's motion to stay (DI 33), and for reasons in the accompanying memorandum, it is ORDERED:

1. Petitioner's motion for relief from judgment (DI 23) is DENIED and DISMISSED 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).

2. Petitioner's motion for appointment of counsel (DI 30) is DENIED as moot.

3. Petitioner's motion for discovery (DI 31) is DENIED as moot.

4. Petitioner's motion to stay (DI 33) is DENIED as moot.

5. 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).

6. The Clerk of Court shall close this case.