Opinion
Civil Action 18-2202
05-22-2023
CARRINGTON JOSEPH, Petitioner, v. SCI-ROCKVIEW SUPERINTENDENT MARK GARMAN, et al., Respondents.
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 22nd day of May 2023, upon consideration of Petitioner Carrington Joseph's Motion for Relief from Judgment Pursuant to Rule 60(b) (ECF 61) and Respondents' Opposition (ECF 64), it is hereby ORDERED that:
1. The Motion is DENIED for lack of subject matter jurisdiction without prejudice to Joseph'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 the Court's procedural ruling with respect to these claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).