KEYS v. THE ATTORNEY GENERAL OF THE STATE OF, No. 2:2012cv02618 - Document 45 (E.D. Pa. 2022)
Court Description: MEMORANDUM OPINION ORDER THAT PETITIONERS MOTION (DOC. NO. 43 ) IS DISMISSED AS OUTLINED HEREIN. A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/28/22. 12/28/22 ENTERED AND COPIES NOT MAILED TO PRO SE; E-MAILED.(amas)
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KEYS v. THE ATTORNEY GENERAL OF THE STATE OF Doc. 45 Case 2:12-cv-02618-CMR Document 45 Filed 12/28/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN KEYS, Petitioner, : : : v. : CIVIL ACTION NO. 12-CV-2618 : THE ATTORNEY GENERAL OF THE : STATE OF PENNSYLVAINA, et al., : Respondents. : ORDER AND NOW, this 28th day of December 2022, upon consideration of Petitioner John Keys’ Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) [ECF No. 43], it is hereby ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Petitioner’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). It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ___________________________________ CYNTHIA M. RUFE, J. Dockets.Justia.com
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