PEOPLES v. DELBASO et al, No. 2:2017cv04444 - Document 53 (E.D. Pa. 2022)
Court Description: ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION AND AN EXTENSION, SEE MOT., ECF NO. 51, AND FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE, THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S REQUEST FO R THIS COURT TO RECONSIDER ITS OPINION AND ORDER ISSUED ON DECEMBER 2, 2022, IS DENIED. SEE ECF NO.'S 47 AND 48. PLAINTIFF'S REQUEST FOR ADDITIONAL DISCOVERY IS DENIED. PLAINTIFF'S REQUEST FOR AN EXTENSION IS GRANTED. PLAINTIFF HAS 14 DAYS FROM THE DATE OF THIS ORDER TO FILE AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY WITH THE THIRD CIRCUIT COURT OF APPEALS. THIS CASE REMAINS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/2/22. 2/2/22 ENTERED AND COPIES (NOT MAILED TO PRO SE), E-MAILED.(er)
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PEOPLES v. DELBASO et al Doc. 53 Case 2:17-cv-04444-JFL Document 53 Filed 02/02/22 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ DOMINICK PEOPLES, Petitioner, : : : v. : : THERESA DELBASO, et al., : Respondents. : ____________________________________ No. 2:17-cv-04444 ORDER AND NOW, this 2nd day of February, 2022, upon consideration of Plaintiff’s motion for reconsideration and an extension, see Mot., ECF No. 51, and for the reasons set forth in the Opinion issued this date, the Motion is GRANTED in part and DENIED in part as follows: 1. Plaintiff’s request for this Court to reconsider its Opinion and Order issued on December 2, 2022, is denied. See ECF No.’s 47 and 48. 2. Plaintiff’s request for additional discovery is denied. 3. Plaintiff’s request for an extension is granted. Plaintiff has 14 days from the date of this Order to file an application for a certificate of appealability with the Third Circuit Court of Appeals. 1 4. This case remains CLOSED. BY THE COURT: /s/ Joseph F. Leeson, Jr.__________ JOSEPH F. LEESON, JR. United States District Judge 1 Contrary to Petitioner’s assumption, his Motion for Reconsideration did not stay his deadline to file an appeal. See R. 11(a) Cases Gov’g 2254 Cases. Nevertheless, the Court gives Petitioner an additional 14 days to file an application for a certificate of appealability, which is the most it can allow. See Fed. R. App. P. 4(a)(5)(C). 1 020222 Dockets.Justia.com
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