Caleb McGillvary v.

Opinion

BLD-030 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 22-3068 ___________

IN RE: CALEB L. MCGILLVARY,

Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 2-22-cv-04185) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. November 17, 2022

Before: AMBRO, KRAUSE, and PORTER, Circuit Judges

(Opinion filed: December 28, 2022) _________

OPINION * _________

Pro se petitioner Caleb McGillvary filed a petition for a writ of mandamus in this

Court asking us to order the District Court to act on the habeas petition he filed under 28

U.S.C. § 2254. He has now filed a motion to withdraw the mandamus petition because

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. the District Court has entered a show cause order in his habeas matter. We accordingly

grant McGillvary’s motion to withdraw the petition and will enter an order dismissing it.