EBERHARDT v. WENEROWITZ et al

Filing 46

ORDER THAT THE CLERK OF COURT IS DIRECTED TO CORRECT THE ENTRY ON THE DOCKET (ECF NO.44) TO IDENTIFY THE MOTION AS A "MOTION FOR RELIEF FROM JUDGMENT UNDER FED.R.CIV.P.60 (b)". THE MOTION IS DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION WITHOUT PREJUDICE. A CERTIFICATE OF APPEALABILITY IS DENIED; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 1/14/22. 1/14/22 ENTERED AND NOT MAILED TO PRO SE AND E-MAILED.(JL)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ELLIOTT EBERHARDT,
Petitioner,

:
:
:
v.
:
:
WARDEN MICHAEL WENEROWITZ, :
et al.,
:
Respondents.
:

CIVIL ACTION NO. 13-CV-1700

ORDER
AND NOW, this 14th day of January, 2022, in consideration of Petitioner Elliott
Eberhardt’s Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 44), it is
ORDERED that:
1.

The Clerk of Court is DIRECTED to correct the entry on the docket at ECF No.

44 to identify the Motion as a “Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b).”
2.

The Motion is DISMISSED for lack of subject matter jurisdiction without

prejudice to Eberhardt’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).
3.

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/ Juan R. Sánchez
JUAN R. SÁNCHEZ, C.J.