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Coades v. Chester County Court Pa-Trial Court

United States District Court, E.D. Pennsylvania

June 26, 2015

DAVID COADES, Petitioner,
v.
CHESTER COUNTY COURT PA-TRIAL COURT, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, and CRIMINAL ACTION MAY 2012-No. CR-00190-1976, Respondents.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 25th day of June, 2015, upon consideration of "Motion for Reconsideration of the Order of June 9, 2015. [sic] Because the Petitioner Erred in the Citation Under Rule 60 (b) in Petition" filed by pro se petitioner, David Coades (Document No. 9, filed June 18, 2015), and the "Motion for Relief from Judgement [sic] or Order under Rule 60(b)" filed by pro se petitioner, David Coades (Document No. 7, filed December 24, 2014), for the reasons set forth in the accompanying Memorandum dated June 25, 2015, IT IS ORDERED as follows:

1. "Motion for Reconsideration of the Order of June 9, 2015. [sic] Because the Petitioner Erred in the Citation Under Rule 60 (b) in Petition" filed by pro se petitioner, David Coades, is GRANTED; and,

2. "Motion for Relief from Judgement [sic] or Order under Rule 60(b)" filed by pro se petitioner, David Coades, which is based on Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309 (2012), is DISMISSED AS UNTIMELY FILED. To the extent that pro se petitioner relies on and Trevino v. Thaler, 569 U.S. ___, 133 S.Ct. 1911 (2013), as a basis for relief, the Rule 60(b) Motion is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability will not issue because reasonable jurists would not debate (a) this Court's decision that the petition does not state a valid claim of the denial of a constitutional right, or (b) the propriety of this Court's procedural ruling with respect to petitioner's claims. See 28 U.S.C. ยง 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).


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