Opinion
Civil Action 17-CV-2608
09-13-2022
WILLIAM LEAK, Petitioner, v. SUPERINTENDENT MICHAEL CLARK, et al., Respondents.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 13th day of September 2022, upon consideration of Petitioner William Leak's Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b) (ECF No. 84), it is ORDERED that:
1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Leak'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).