BROWN v. KERESTES ( 2022 )

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.