Opinion

BROWN v. KERESTES

Court
District Court, E.D. Pennsylvania
Filed
Dec 19, 2022
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARK A. BROWN, :

Petitioner, :

v. CIVIL ACTION NO. 13-CV-3068

JOHN KERESTES, et al.,

Respondents. :

ORDER

AND NOW, this 16thday of December, 2022, in consideration of Petitioner Mark A.

Brown’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 53), it is

ORDERED that:

1. The Clerk of Court is DIRECTED to reopen this case for purposes of considering

the Motion.

2. The Motion is DISMISSED for lack of subject matter jurisdiction without

prejudice to Brown’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).

3. 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 vy. McDaniel, 529 U.S. 473, 484 (2000).

4. The Clerk of Court is DIRECTED to close this case.

BY THE COURT:

huarde C. Kebrene

EDUARDO C. ROBRENO, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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