Opinion
4:23-CV-00981
03-21-2024
TONY L. MUTSCHLER, Petitioner, v. WARDEN of SCI-LAUREL HIGHLANDS, Respondent.
ORDER
Matthew W. Brann, Chief United States District Judge.
AND NOW, this 21st day of March 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Petitioner Tony L. Mutschler's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to Mutschler's right to refile his petition following proper exhaustion of state remedies.
2. A certificate of appealability shall not issue, as Mutschler 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. The Clerk of Court is directed to CLOSE this case.