MILAS v. OVERMEYER et al

Filing 29

ORDER THAT THE APPLICATION (DOC. NO. 27) IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT-MATTER JURISDICTION. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/20. 9/28/20 ENTERED AND COPIES(NOT MAILED TO PRO SE PETITIONER) AND E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MILAS,
Petitioner,
v.
MICHAEL OVERMEYER, SCI–Forest
Superintendent; THE DISTRICT
ATTORNEY OF THE COUNTY OF
PHILADELPHIA; and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Respondents.

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CIVIL ACTION NO. 15-3322

ORDER
AND NOW, this 28th day of September, 2020, after considering the “Independent Action
Application for Relief to Re-Open Judgment, Pursuant to F.R.CIV.P. 60(b)(6)” filed by the pro se
movant, James Milas (Doc. No. 27); and for the reasons set forth in the separately filed
memorandum opinion, it is hereby ORDERED as follows:
1.

The application (Doc. No. 27) is DISMISSED WITHOUT PREJUDICE for lack

of subject-matter jurisdiction; and
2.

A certificate of appealability SHALL NOT issue.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.