# BROWN v. KERESTES

> District Court, E.D. Pennsylvania · December 19, 2022

URL: https://www.frixlaw.com/law-library/cases/10404525

## Case

- **Court:** District Court, E.D. Pennsylvania
- **Decided:** December 19, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10404525

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10404525. Public record. Not legal advice.