SCHULTZ v. WENEROWICZ ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PHILIP SCHULTZ, : Petitioner, : : v. : CIVIL ACTION NO. 13-CV-177 : MICHAEL WENEROWICZ, et al., : Respondents. : ORDER AND NOW, this 8th day of October 2021, in consideration of Petitioner Philip Schultz’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 48), it is ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Schultz’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). BY THE COURT: ____s/ANITA B. BRODY, J.______ ANITA B. BRODY, J.