ALLEN v. WYDNER

Filing 34

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE RULE 60(b) MOTION IS DISMISSED WITH PREJUDICE. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 4/4/13. 4/4/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

:

v.

CIVIL ACTION

:

JERMONE WALSH, et al

:

NO. 06-4299

ORDER
AND NOW, this

4th

day of April, 2013, upon consideration of the motion for

relief of judgment under Federal Rule of Civil Procedure 60(b)(5)(6) and after review of the Report
and Recommendation of United States Magistrate Judge Linda K. Caracappa to which no objections
have been filed, it is ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The Rule 60(b) motion is DISMISSED with prejudice.

3.

There is no probable cause to issue a certificate of appealability.

4.

The Clerk of Court shall mark this case closed for statistical purposes.

s/Thomas N. O’Neill, Jr.
THOMAS N. O'NEILL, JR.,
J.