SCHULTZ v. WENEROWICZ et al

Filing 50

ORDER DISMISSING AND DENYING 48 Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b). SIGNED BY HONORABLE ANITA B. BRODY ON 11/8/21. 11/8/21 ENTERED AND COPIES MAILED TO PRO SE PARTY AND E-MAILED.(jwl, ) Modified on 11/8/2021 (jwl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP SCHULTZ,
Petitioner,
v.
MICHAEL WENEROWICZ, et al.,
Respondents.

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CIVIL ACTION NO. 13-CV-177

ORDER
AND NOW, this 8th day of October 2021, in consideration of Petitioner Philip Schultz’s
Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 48), it is ORDERED
that:
1.

The Motion is DISMISSED for lack of subject matter jurisdiction without

prejudice to Schultz’s right to file with the United States Court of Appeals for the Third Circuit
an application to file a second or successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A).
2.

A Certificate of Appealability is DENIED pursuant to 28 U.S.C. § 2253(c)

because reasonable jurists would not debate the propriety of this Court’s procedural ruling with
respect to these claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
____s/ANITA B. BRODY, J.______
ANITA B. BRODY, J.