PETERSON v. BRENNAN, et al

Filing 126

ORDER THAT PETITIONER'S MOTION TO REOPEN JUDGMENT UNDER FRCP 60(b) IS DISMISSED AS UNTIMELY FILED AND A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/9/15. 6/11/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EDWARD C. PETERSON, Petitioner, CIVIL ACTION v. WARDEN EDWARD BRENNAN, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADEPHIA, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. NO. 97-3477 ORDER AND NOW, this 9th day of June, 2015, upon consideration of “Motion to Reopen Judgment Under F.R.C.P. 60(b)(6)” filed by pro se petitioner, Edward C. Peterson (Document No. 124, filed December 3, 2014), for the reasons stated in the accompanying Memorandum dated June 9, 2015, IT IS ORDERED as follows: 1. “Motion to Reopen Judgment Under F.R.C.P. 60(b)(6)” filed by pro se petitioner, Edward C. Peterson, is DISMISSED AS UNTIMELY FILED; and, 2. A certificate of appealability will not issue because reasonable jurists would not debate the propriety of this Court’s procedural ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). BY THE COURT: /s/ Hon. Jan E. DuBois DuBOIS, JAN E., J.

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