BROWN v. KERESTES (2022)

United States District Court, E.D. Pennsylvania.

Mark A. BROWN, Petitioner, v. John KERESTES, et al., Respondents.

CIVIL ACTION NO. 13-CV-3068

Decided: December 16, 2022

Mark A. Brown, Frackville, PA, Pro Se. Kelly Brittney Wear, Delaware County District Attorney's Office, Media, PA, Simran Dhillon, Philadelphia District Attorney's Office, Philadelphia, PA, for Respondents.

ORDER

AND NOW, this 16th day 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 v. McDaniel, 529 U.S. 473, 484 (2000).

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

EDUARDO C. ROBRENO, District Judge

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law