DISCO v. SUPERINTENDANT, SCI FAYETTE

• Court: District Court, E.D. Pennsylvania
• Decided: September 30, 2022
• Docket: 2:11-cv-06385
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RICHARD DISCO, : Petitioner, : : CIVIL ACTION v. : NO. 11-6385 : SUPERINTENDENT, : SCI FAYETTE, et al., : Respondents. :

ORDER

AND NOW, this 30th day of September, 2022, in consideration of Petitioner Richard Disco’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 28), it is hereby ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Petitioner’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. The Motion for Appointment of Counsel (ECF No. 27) is DENIED. 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).

BY THE COURT:

/s/ C. Darnell Jones, II C. Darnell Jones, II J.