WHITAKER v. GILLIS, et al

Filing 29

ORDERED THAT THE PETITION IS TRANSFERRED PURSUANT TO 28 U.S.C. SEC. 1631 TO THE THIRD CIRCUIT COURT OF APPEALS TO DETERMINE WHETHER THE DISTRICT COURT MAY CONSIDER PETITIONER'S SUCCESSIVE PETITION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 6/28/18. 6/29/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

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

:
:
:
:
:
:
:
:
:

v.
FRANK D. GILLIS, THE DISTRICT
ATTORNEY OF THE COUNTY
OF DELAWARE and THE
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA

CIVIL ACTION

NO. 99-4578

ORDER
NOW, this 28th day of June, 2018, upon consideration of the Motion for Relief
Pursuant to Rule 60(b)(4) of the Federal Rules of Civil Procedure (Document No. 16) and
it appearing that the motion is a successive petition for a writ of habeas corpus under 28
U.S.C. ' 2254, it is ORDERED that the petition is TRANSFERRED, pursuant to 28 U.S.C.
' 1631, to the Third Circuit Court of Appeals to determine whether the district court may
consider petitioner=s successive petition.

/s/TIMOTHY J. SAVAGE