PEOPLES v. DELBASO et al
Filing
53
ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION AND AN EXTENSION, SEE MOT., ECF NO. 51, AND FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE, THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S REQUEST FO R THIS COURT TO RECONSIDER ITS OPINION AND ORDER ISSUED ON DECEMBER 2, 2022, IS DENIED. SEE ECF NO.'S 47 AND 48. PLAINTIFF'S REQUEST FOR ADDITIONAL DISCOVERY IS DENIED. PLAINTIFF'S REQUEST FOR AN EXTENSION IS GRANTED. PLAINTIFF HAS 14 DAYS FROM THE DATE OF THIS ORDER TO FILE AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY WITH THE THIRD CIRCUIT COURT OF APPEALS. THIS CASE REMAINS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/2/22. 2/2/22 ENTERED AND COPIES (NOT MAILED TO PRO SE), E-MAILED.(er)
Case 2:17-cv-04444-JFL Document 53 Filed 02/02/22 Page 1 of 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DOMINICK PEOPLES,
Petitioner,
:
:
:
v.
:
:
THERESA DELBASO, et al.,
:
Respondents.
:
____________________________________
No. 2:17-cv-04444
ORDER
AND NOW, this 2nd day of February, 2022, upon consideration of Plaintiff’s motion for
reconsideration and an extension, see Mot., ECF No. 51, and for the reasons set forth in the
Opinion issued this date, the Motion is GRANTED in part and DENIED in part as follows:
1. Plaintiff’s request for this Court to reconsider its Opinion and Order issued on
December 2, 2022, is denied. See ECF No.’s 47 and 48.
2. Plaintiff’s request for additional discovery is denied.
3. Plaintiff’s request for an extension is granted. Plaintiff has 14 days from the date of
this Order to file an application for a certificate of appealability with the Third
Circuit Court of Appeals. 1
4. This case remains CLOSED.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge
1
Contrary to Petitioner’s assumption, his Motion for Reconsideration did not stay his
deadline to file an appeal. See R. 11(a) Cases Gov’g 2254 Cases. Nevertheless, the Court gives
Petitioner an additional 14 days to file an application for a certificate of appealability, which is
the most it can allow. See Fed. R. App. P. 4(a)(5)(C).
1
020222
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