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United States of America v. Lawrence Deluca

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


November 26, 2012

UNITED STATES OF AMERICA
v.
LAWRENCE DELUCA

The opinion of the court was delivered by: Juan R. Sanchez, J.

ORDER

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

20121126

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