Opinion
Civil Action 19-CV-1077
09-26-2022
RAYTI MYERS, Petitioner, v. WARDEN MARK GARMAN, et al., Respondents.
ORDER
JOHN R. PADOVA, J.
AND NOW, this 26th day of September, 2022, in consideration of Petitioner Rayti Myers' Motion for Relief from Judgment Under Fed.R.Civ.P. 60(b) (ECF No. 38), it is ORDERED that:
1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Myers' 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).