ALLEN v. MAZURKIEWICZ et al, No. 3:2011cv00190 - Document 38 (W.D. Pa. 2024)

Court Description: MEMORANDUM ORDER - IT IS HEREBY ORDERED that Petitioner Thomas Ray Allen's Motion for Relief From Judgment Under Rule 60(b)(6) at ECF No. 33 is DENIED WITHOUT PREJUDICE for the reasons stated in the Report and Recommendation at ECF No. 34 an d those set forth above. The Report and Recommendation at ECF No. 34 is adopted as the opinion of the Court for its reasoning and conclusions. IT IS FURTHER ORDERED that a certificate of appealability is DENIED relative to the Motion at ECF No. [33 ] for the reasons stated in the Report and Recommendation at ECF No. 34 and those outlined above. The denial of a certificate of appealability does not prevent Petitioner from appealing the order denying his Motion so long as he seeks, and obtains , a certificate of appealability from the Court of Appeals. See FED.R.APP.P. 22(b)(1),(2). IT IS FURTHER ORDERED that Petitioner Thomas Ray Allen's Motion for Relief From Judgment Under Rule 60(b)(6) at ECF No. 36 is DENIED WITHOUT PREJUDICE f or the reasons stated in the Report and Recommendation at ECF No. 37 and those set forth above. The Report and Recommendation at ECF No. 37 is adopted for its reasoning and conclusion regarding the appropriate disposition of Petitioner's Mot ion. IT IS FURTHER ORDERED that a certificate of appealability is DENIED relative to the Motion at ECF No. 36 for the reasons stated in the Report and Recommendation at ECF No. 37 and those outlined above. The denial of a certificate of appealabi lity does not prevent Petitioner from appealing the order denying his Motion so long as he seeks, and obtains, a certificate of appealability from the Court of Appeals. See FED.R.APP.P. 22(b)(1),(2), and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/12/2024. (dlg)