PAYNE v. BICKELL et al

Filing 51

MEMORANDUM ORDER THAT THE MOTION FOR RELIEF FROM JUDGMENT IS DISMISSED FOR LACK OF SUBKECT MATTER JURISDICTION WITHOUT PREJUDICE. A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/5/22. 5/6/22 ENTERED AND COPIES E-MAILED.(amas)

Case 2:14-cv-02198-ER Document 51 Filed 05/05/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OMAR PAYNE,
Petitioner,
v.
TABB BICKELL, et al.,
Respondents.

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CIVIL ACTION NO. 14-CV-2198

ORDER
AND NOW, this 5th day of May, 2022, in consideration of Petitioner Omar Payne’s
Motion for Relief from Judgment Under Fed. R. Civ. P. 60(b) (ECF No. 49), it is ORDERED
that:
1.

The Motion is DISMISSED for lack of subject matter jurisdiction without

prejudice to Payne’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/ Eduardo C. Robreno
EDUARDO C. ROBRENO, J.