Walker v. Piazza, et al
Filing
88
ORDER - IT IS HEREBY ORDERED that Petition Michael Walker's 83 Motion for relief under Federal Rule of Civil Procedure 60(b)(6) is DISMISSED for lack of jurisdiction because it is a second or successive petition for a writ of habeas corpus un der 28 U.S.C. § 2254 filed without authorization from the United States Court of Appeals for the third Circuit. A certificate of appealability shall not issue, as Walker has not made a substantial showing of the denial of the constitutional righ t, or that "jurists of reason would find it debatable" whether this Court's procedural ruling is correct, Slack v. McDaniel, 529 U.S. 473, 484 (2000). Walker's motion for substitution of parties 84 and motion for leave to proceed in forma pauperis 86 are DISMISSED as moot. Signed by Chief Judge Matthew W. Brann on 8/22/2023. (ea)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL WALKER,
No. 3:06-CV-01224
Petitioner,
(Chief Judge Brann)
v.
JOSEPH PIAZZA,
Respondent.
ORDER
AND NOW, this 22nd day of August 2023, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.
Petitioner Michael Walker’s motion (Doc. 83) for relief under Federal
Rule of Civil Procedure 60(b)(6) is DISMISSED for lack of
jurisdiction because it is a second or successive petition for a writ of
habeas corpus under 28 U.S.C. § 2254 filed without authorization
from the United States Court of Appeals for the Third Circuit.
2.
A certificate of appealability shall not issue, as Walker has not made a
substantial showing of the denial of a constitutional right, see 28
U.S.C. § 2253(c)(2), or that “jurists of reason would find it debatable”
whether this Court’s procedural ruling is correct, Slack v. McDaniel,
529 U.S. 473, 484 (2000).
3.
Walker’s motion for substitution of parties (Doc. 84) and motion for
leave to proceed in forma pauperis (Doc. 86) are DISMISSED as
moot in light of paragraph 1 above.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?