GONZALEZ v. SMITH

Opinion

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

LUIS GONZALEZ, CIVIL ACTION

Petitioner, NO. 20-2844-KSM v.

BARRY SMITH, et al.,

Respondents.

ORDER

AND NOW, this 1st day of June, 2023, upon consideration of Petitioner Luis Gonzalez’s Application to File a Second or Successive Motion to Vacate Judgment Under Rule 60(b)(3) and 28 U.S.C. § 2254(d)(2) (Doc. No. 55) and Respondents’ response (Doc. No. 57), and for the reasons set forth in the accompanying Memorandum, it is ORDERED that Gonzalez’s motion (Doc. No. 55) is DENIED. It is further ORDERED that Court finds no probable cause to issue a certificate of appealability.1 IT IS SO ORDERED.

/s/KAREN SPENCER MARSTON

KAREN SPENCER MARSTON, J.

1 Because jurists of reason would not debate this Court’s disposition of Defendant’s motion, no certificate of appealability should be granted. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). 1