HANDFIELD v. GARMAN et al

Filing 42

ORDER THAT THE MOTION FOR HABEAS RELIEF TO PREVENT A GRAVE MISCARRIAGE OF JUSTICE UNDER RULE 60(D)(1) (ECF NO. 33), AMENDED 60(D)(1) MOTION (ECF NO. 38), AND SECOND AMENDED 60(D)(1) MOTION (ECF NO. 39) ARE DENIED FOR THE REASONS SET FORTH IN THE COURT'S MEMORANDUM ACCOMPANYING THIS ORDER. THE MOTION TO PROCEED IN FORMA PAUPERIS (ECF NO. 35) IS DENIED AS UNNECESSARY SINCE HANDFIELD HAS ALREADY PAID THE $5 FILING FEE FOR THIS CASE. A CERTIFICATE OF APPEALABILITY IS DENIED PURSUANT TO 28 U.S.C. § 2253(C). SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/20/20. 2/21/20 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EARL C. HANDFIELD, II,
Petitioner,
v.
MARK GARMAN, et al.,
Respondents.

:
:
:
:
:
:
:

CIVIL ACTION NO. 17-CV-1634

ORDER
AND NOW, this 20th day of February, 2020, in consideration of Petitioner Earl C.
Handfield’s Motion for Habeas Relief to Prevent a Grave Miscarriage of Justice under Rule
60(d)(1) (ECF No. 33); Amended 60(D)(1) Motion (ECF No. 38); Second Amended 60(D)(1)
Motion (ECF No. 39); and Motion to Proceed In Forma Pauperis (ECF No. 35), it is
ORDERED that:
1.

The Motion for Habeas Relief to Prevent a Grave Miscarriage of Justice under

Rule 60(d)(1) (ECF No. 33), Amended 60(D)(1) Motion (ECF No. 38), and Second Amended
60(D)(1) Motion (ECF No. 39) are DENIED for the reasons set forth in the Court’s
Memorandum accompanying this Order.
2.

The Motion to Proceed In Forma Pauperis (ECF No. 35) is DENIED AS

UNNECESSARY since Handfield has already paid the $5 filing fee for this case.
3.

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

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.