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Rainey v. District Attorney's Office of Philadelphia

December 10, 2009

KYLE RAINEY, PETITIONER,
v.
DISTRICT ATTORNEY'S OFFICE OF PHILADELPHIA ET AL., RESPONDENTS



The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

And now, this 10th day of December, 2009, upon careful consideration of petitioner Kyle Rainey's motion to set aside the dismissal of his previous petition for federal habeas relief (Doc. #1), the District Attorney's response (Doc. #6), petitioner's amended motion (Doc. #7), petitioner's reply (Doc. #9), and petitioner's subsequent amendments (Doc. #10, 11), it is hereby

ORDERED that:

1. Petitioner's Rule 60(b) motion for relief from the dismissal of his first § 2254 motion is DENIED and DISMISSED.

2. Petitioner's Hazel-Atlas motion for relief from the dismissal of his first § 2254 motion is DENIED and DISMISSED.

3. Petitioner's miscellaneous other requests-for an evidentiary hearing, appointment of counsel, appointment of an expert, and for discovery -are DENIED as moot.

4. Respondent's motion for an injunction against subsequent habeas filings is DENIED.

5. There is no basis on which to grant a certificate of appealability.

6. The clerk shall CLOSE this case for statistical purposes.

20091210

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