PALMER v. KERESTES et al

Filing 41

ORDER THAT PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(B) IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT BE ISSUED BASED ON THE ANALYSIS CONTAINED IN THE MAGISTRATE JUDGE'S REPORT AND REC OMMENDATION, AS APPROVED AND ADOPTED BY THIS COURT, THAT A REASONABLE JURIST COULD NOT CONCLUDE THAT THE COURT IS INCORRECT IN DENYING AND DISMISSING THE RULE 60(B) MOTION AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/25/16. 10/26/16 ENTERED AND COPIES MAILED TO PETITIONER, EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHEN PALMER
Petitioner,

CIVIL ACTION
NO. 07-4134

v.
JOHN KERESTES, et. al.
Respondents.

ORDER
AND NOW, this 25th day of October 2016, upon consideration of Petitioner’s Motion
for Relief from Judgment Pursuant to Federal Rule of Civil Procedure 60(b) (Doc. No. 34), and
for reasons stated in the Opinion issued by the Court on this day, it is ORDERED as follows:
1. Petitioner’s Motion for Relief from Judgment Pursuant to Federal Rule of Civil
Procedure 60(b) (Doc. No. 34) is DENIED.
2. A Certificate of Appealability SHALL NOT be issued based on the analysis contained
in the Magistrate Judge’s Report and Recommendation, as approved and adopted by this
Court, that a reasonable jurist could not conclude that the Court is incorrect in denying
and dismissing the Rule 60(b) Motion. (Doc. No. 31.)
3. The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:
/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.