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Walker v. Piazza

United States District Court, Middle District of Pennsylvania
Aug 22, 2023
3:06-CV-01224 (M.D. Pa. Aug. 22, 2023)

Opinion

3:06-CV-01224

08-22-2023

MICHAEL WALKER, Petitioner, v. JOSEPH PIAZZA, Respondent.


ORDER

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE.

AND NOW, this 22nd day of August 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Petitioner Michael Walker's motion (Doc. 83) for relief under Federal Rule of Civil Procedure 60(b)(6) is DISMISSED for lack of jurisdiction because it is a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 filed without authorization from the United States Court of Appeals for the Third Circuit.
2. A certificate of appealability shall not issue, as Walker has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), or that “jurists of reason would find it debatable” whether this Court's procedural ruling is correct, Slack v. McDaniel, 529 U.S. 473, 484 (2000).
3. Walker's motion for substitution of parties (Doc. 84) and motion for leave to proceed in forma pauperis (Doc. 86) are DISMISSED as moot in light of paragraph 1 above.


Summaries of

Walker v. Piazza

United States District Court, Middle District of Pennsylvania
Aug 22, 2023
3:06-CV-01224 (M.D. Pa. Aug. 22, 2023)
Case details for

Walker v. Piazza

Case Details

Full title:MICHAEL WALKER, Petitioner, v. JOSEPH PIAZZA, Respondent.

Court:United States District Court, Middle District of Pennsylvania

Date published: Aug 22, 2023

Citations

3:06-CV-01224 (M.D. Pa. Aug. 22, 2023)