HOGAN v. GILLIS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEVIN HOGAN, : CIVIL ACTION : NO. 04-957 Petitioner, : : v. : : FRANK D. GILLIS, et al., : : Respondents. : M E M O R A N D U M EDUARDO C. ROBRENO, J. September 16, 2022 I. INTRODUCTION Petitioner Kevin Hogan brings a Rule 60(b) motion to reopen habeas corpus proceedings. The Commonwealth argues that the Court lacks jurisdiction over Petitioner’s motion, as it is really a second or successive petition disguised as a Rule 60(b) motion and should have properly been filed with the Third Circuit Court of Appeals. The…