Legal Opinion
Rauso v. Vaughn
District Court, E.D. Pennsylvania
Decided January 11, 2000No. Civil Action 99-2392Published
1Opinion of the Court
ORDER-MEMORANDUM
LUDWIG, District Judge.
AND NOW, this 11th day of January, 2000, upon petitioner Gennaro Rauso’s motion for reconsideration, the order of November 4, 1999 denying his habeas corpus petition is vacated. However, the petition is again denied, on other grounds.
The order of November 4,1999 was entered for the reason that the requested relief appeared to constitute a second or successive petition. Given that Rauso’s earlier habeas petitions had been dismissed without prejudice, they should not have been counted in determining whether there was a second or successive petition. A…
2Cases cited5 opinions
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- John H. Block v. Edwin PotterCourt of Appeals for the Third Circuit · 1980
- Wayne Paul Burkett v. William Love, Superintendent, Answering Blair County District AttorneyCourt of Appeals for the Third Circuit · 1996
- Rogers v. Pennsylvania Board of Probation & ParoleSupreme Court of Pennsylvania · 1999
- Carter v. MullerDistrict Court, E.D. Pennsylvania · 1999