FRANKLIN v. KLOPOTOSKI et al

Filing 63

ORDER THAT FRANKILN'S RULE 60(b) MOTION IS DENIED FOR LACK OF JURISDICTION; FRANKLINS MOTION FOR APPOINTMENT OF COUNSEL IS DENIED AS MOOT; THE COURT WILL NOT ISSUE A CERTIFICATE OF APPEALABILITY, PETITIONER MAY APPLY TO THE COURT OF APPEALS FOR SUCH A CERTIFICATE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 11/23/15. 11/24/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

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

VINCENT FRANKLIN
Petitioner,
v.
MICHAEL KLOPOTOSKI, et al.,
Respondents.

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CIVIL ACTION
No. 09-3838

ORDER
AND NOW, this 23rd day of November, 2015, upon consideration of the pro se “Motion for
Relief Under Federal Rules of Civil Procedure, Rule 60(b)(4); Due to the Trial Court Lack of
Jurisdiction of the Subject Matter” and “Motion for Appointment of Counsel,” and for the
reasons set forth in the accompanying memorandum of today’s date, it is ORDERED that:
1.

Franklin’s Rule 60(b) motion is denied for lack of jurisdiction.

2.

Franklin’s motion to appoint counsel is denied as moot.

3.

The court will not issue a certificate of appealability. Franklin may apply to the Court of
Appeals for such a certificate.

4.

The clerk is directed to mark this case closed.

_____/s/ Norma L. Shapiro__________
J.