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