MANN v. DELBALSO

E.D. Pennsylvania

MANN v. DELBALSO

DecidedAugust 24, 2021

Docket2:16-cv-00724

StatusUnknown

This text of MANN v. DELBALSO (MANN v. DELBALSO) 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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MANN v. DELBALSO, (E.D. Pa. 2021).

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

KELVIN MANN, : Petitioner, : : v. : CIVIL ACTION NO. 16-CV-724 : THERESA DELBALSO, et al., : Respondents. :

ORDER

This 24th day of August, 2021, after consideration of Petitioner Kelvin Mann’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 38), it is hereby ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Mann’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/ Gerald Austin McHugh ___________________________________ GERALD A. MCHUGH, J.

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

KELVIN MANN, : Petitioner, : : v. : CIVIL ACTION NO. 16-CV-724 : THERESA DELBALSO, et al., : Respondents. :

ORDER

This 24th day of August, 2021, after consideration of Petitioner Kelvin Mann’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 38), it is hereby ORDERED that: 1. The Motion is DISMISSED for lack of subject matter jurisdiction without prejudice to Mann’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/ Gerald Austin McHugh ___________________________________ GERALD A. MCHUGH, J.

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MANN v. DELBALSO, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-delbalso-paed-2021.

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