Opinion
Civil Action 13-CV-1700
01-14-2022
ELLIOTT EBERHARDT, Petitioner, v. WARDEN MICHAEL WENEROWITZ, et al., Respondents.
ORDER
JUAN R. SÁNCHEZ, C.J.
AND NOW, this 14th day of January, 2022, in consideration of Petitioner Elliott Eberhardt's Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b) (ECF No. 44), it is ORDERED that:
1. The Clerk of Court is DIRECTED to correct the entry on the docket at ECF No. 44 to identify the Motion as a “Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b).”
2. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Eberhardt'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).