Opinion
Case No. 1:04-cr-36-SJM
01-25-2012
UNITED STATES OF AMERICA v. MAURICE F. FOLEY
ORDER
AND NOW, to wit, this 25th Day of January, 2012, upon consideration of the Defendant's "Motion Pursuant to Fed. Civ. Procedure Rule 60(b)(6) For a Reopening of Judgment Due to Extraordinary Circumstance" [284],
IT IS ORDERED that said motion shall be, and hereby is, DENIED inasmuch as the Court of Appeals has already issued a Certified Order [281] denying Defendant a certificate of appealability in this case and ruling that Defendant knowingly and voluntarily waived his right to collaterally attack his conviction and sentence through a motion pursuant to 28 U.S.C. § 2255 and had not establish that enforcing the waiver would work a miscarriage of justice in his case. To the extent Defendant's motion raises new claims of alleged ineffectiveness of counsel, the Court will construe his motion as a second or successive § 2255 petition over which this Court lacks jurisdiction inasmuch as Defendant has failed to obtain the requisite pre-authorization from the Third Circuit Court of Appeals pursuant to 28 U.S.C. §2244(b)(3)(A).
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SEAN J. McLAUGHLIN
United States District Judge
cc: All parties of record.