LEAK v. CLARK

E.D. Pennsylvania

LEAK v. CLARK

DecidedSeptember 14, 2022

Docket2:17-cv-02608

StatusUnknown

This text of LEAK v. CLARK (LEAK v. CLARK) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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LEAK v. CLARK, (E.D. Pa. 2022).

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Opinion

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

WILLIAM LEAK, : Petitioner, : : v. : CIVIL ACTION NO. 17-CV-2608 : SUPERINTENDENT : MICHAEL CLARK, et al., : Respondents. :

ORDER

AND NOW, this 13th day of September 2022, upon consideration of Petitioner William Leak’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 84), it is ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Leak’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/Wendy Beetlestone, J. ___________________________________ WENDY BEETLESTONE, J.

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

WILLIAM LEAK, : Petitioner, : : v. : CIVIL ACTION NO. 17-CV-2608 : SUPERINTENDENT : MICHAEL CLARK, et al., : Respondents. :

ORDER

AND NOW, this 13th day of September 2022, upon consideration of Petitioner William Leak’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 84), it is ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Leak’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/Wendy Beetlestone, J. ___________________________________ WENDY BEETLESTONE, J.

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LEAK v. CLARK, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leak-v-clark-paed-2022.

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