Hill v. Price

Full title: DWAYNE J. HILL, Petitioner, v. JAMES PRICE, et al., Respondents.

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

Date published: Feb 1, 2022

Civil Action 98-CV-1769 (E.D. Pa. Feb. 1, 2022)

Opinion

Civil Action 98-CV-1769

02-01-2022

DWAYNE J. HILL, Petitioner, v. JAMES PRICE, et al., Respondents.

PETRESE B. TUCKER, J.

ORDER

PETRESE B. TUCKER, J.

AND NOW, this 1^st day of February, 2022, in consideration of Petitioner Dwayne J. Hill's “Motion to Modify Judgment” which seeks relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) (ECF No. 45), it is ORDERED that:

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