Dinkins, Jr. v. Mason ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANCIS SHARIDE DINKINS, JR., : Petitioner, : : v. : CIVIL ACTION NO. 21-CV-2916 : SUPERINTENDENT MASON, et al., : Respondents. : ORDER AND NOW, this 9th day of December 2022, in consideration of Petitioner Francis Sharide Dinkins, Jr.’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 31), it is ORDERED that: 1. The Clerk of Court is DIRECTED to reopen this case. 2. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Dinkins’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. BY THE COURT: /s/ Chad F. Kenney ___________________________________ CHAD F. KENNEY, J.