Aulisio v. Houser

Opinion

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

JOSEPH G. AULISIO, No. 4:22-CV-01413

Petitioner, (Chief Judge Brann)

v.

SUPERINTENDENT MORRIS L. HOUSER,

Respondent.

ORDER AND NOW, this 14th day of November 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that: 1. Petitioner Joseph G. Aulisio’s amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED.

2. A certificate of appealability shall not issue, as Aulisio has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), or that “jurists of reason would find it debatable” whether this Court’s procedural ruling is correct, Slack v. McDaniel, 529 U.S. 473, 484 (2000).

3. Respondent’s motion (Doc. 23) to strike Aulisio’s declarations is DISMISSED as moot.

4. Aulisio’s motion (Doc. 28) for default judgment is DENIED.

5. The Clerk of Court is directed to CLOSE this case. BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann