Aulisio v. Houser et al

Filing 32

ORDER - IT IS HEREBY ORDERED that Petitioner Joseph G. Aulisio's 8 amended petition for a writ of habeas corpus is DISMISSED. Respondent's 23 motion to strike Aulisio's declarations is DISMISSED as moot. Aulisio's 28 motion for default judgment is DENIED. The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Matthew W. Brann on 11/14/2023. (ea)

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
Chief United States District Judge