DURHAM v. PIAZZA et al

Filing 60

ORDER THAT THE MOTION TO VACATE IS DISMISSED AS UNTIMELY FILED AND A CERTIFICATE OF APPEALABILTY WILL NOT ISSUE. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/12/15. 6/12/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

DRAYED. DURHAM,
Petitioner,

v.
NO. 07-4338

JOSEPH J. PIAZZA,
THE DISTRICT ATTORNEY OF THE
COUNTY OF PIDLADELPIDA, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.
ORDER

AND NOW, this 12th day of June, 2015, upon consideration of"Motion to Vacate the
District Judge's Order and Memorandum Dated the 11th Day of February 2011, Pursuant to
Federal Rules of Civil Procedure 60(B)(6)" (Document No. 58, filed December 29, 2014), filed
by pro se petitioner, Draye D. Durham, for the reasons stated in the accompanying Memorandum
dated June 12, 2015, IT IS ORDERED as follows:
1.

"Motion to Vacate the District Judge's Order and Memorandum Dated the 11th

Day of February 2011, Pursuant to Federal Rules of Civil Procedure 60(B)(6)," filed by prose
petitioner, Draye D. Durham, 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); Slackv.

McDaniel, 529 U.S. 473, 484 (2000).

BY THE COURT: