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United States v. Burton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 25, 2010

UNITED STATES OF AMERICA
v.
MARCO BURTON

The opinion of the court was delivered by: DuBOIS, J.

ORDER

AND NOW, this 25th day of March, 2010, upon consideration of Defendant's Motion Pursuant to Rule 60(b)(5) and (6) of the Federal Rules of Civil Procedure, (Document No. 141, filed January 11, 2010), Government's Response to Defendant's Pro Se Motion Pursuant to Rule 60(b) (Document No. 146, filed February 12, 2010), and Defendant's Traverse in Reply to the United States Response to Petitioner Marco Burton's Pro Se Motion Pursuant to Rule 60(b)(5) and (6) (Document No. 147, Filed March 3, 2010), for the reasons set forth in the Memorandum dated March 25, 2010,

IT IS ORDERED as follows:

1. Burtons's Motion Pursuant to Rule 60(b)(5) and (6) of the Federal Rules of Civil Procedure is DISMISSED;

2. Burton's request for an evidentiary hearing is DENIED;

3. A certificate of appealability WILL NOT ISSUE on the ground that Burton has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).

JAN E. DUBOIS, J.

20100325

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