IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
November 26, 2012
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Juan R. Sanchez, J.
AND NOW, this 26th day of November, 2012, for the reasons set forth in the accompanying Memorandum, it is ORDERED:
* Defendant Lawrence DeLuca's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence (Document 35) is DENIED;
* DeLuca's Motion to Rescind Order Requiring Him to Refile His Petition Pursuant to 28 U.S.C. § 2255 on the Court's Current Standard Form of Petition (Document 34) is DENIED as moot;
* The Government's Motion to Dismiss Petition Under 28 U.S.C. § 2255 (Document 37) is DENIED as moot; and
* DeLuca having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue.
The Clerk of Court is DIRECTED to mark both of the above-captioned cases CLOSED.
BY THE COURT:
Juan R. Sanchez
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