COLON v. DIGUGLIELMO et al

Filing 40

ORDER THAT PETITIONER'S MOTION TO VACATE ORDER DENYING HABEAS CORPUS RELIEF PURSUANT TO FRCP 60(b)(6) (DOC. 26) IS DENIED AND DISMISSED WITHOUT AN EVIDENTIARY HEARING. A CERTIFICATE OF APPEALABILITY IS DENIED; AND PETITIONER'S MOTION FOR A PPOINTMENT OF COUNSEL (DOC. 25) IS DENIED; IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/24/14. 6/25/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, MAILED AND E-MAILED TO COUNSEL, 1 COPY IN LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSE COLON,
Petitioner,
v.
DAVID DIGUGLIELMO et al,
Respondents.

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CIVIL ACTION
NO. 06-2263

ORDER

AND NOW, this ____ day of June, 2014, upon consideration of Petitioner’s Motion to Vacate
Order Denying Habeas Corpus Relief Pursuant to Fed. R. Civ. P. 60(b)(6) (Doc. 26), Respondents’
Response in Opposition thereto (Doc. 35), and Petitioner’s Reply (Doc. 38), IT IS HEREBY
ORDERED AND DECREED as follows:
1.

Petitioner’s Motion is DENIED AND DISMISSED WITHOUT AN EVIDENTIARY
HEARING;

2.

A certificate of appealability is DENIED; and

3.

Petitioner’s Motion for Appointment of Counsel (Doc. 25) is DENIED.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter as CLOSED for
statistical purposes.

BY THE COURT:
/s/ Petrese B. Tucker
_________________________
Hon. Petrese B. Tucker, C. J.