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, )

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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. : : : : : : : : : : : : : : 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.

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