In Re: George Salemo

204 F. App'x 149

• Court: Court of Appeals for the Third Circuit
• Decided: October 25, 2006
• Docket: 06-3730
• Status: Unpublished

Opinion

OPINION

PER CURIAM.

George Salerno has filed a mandamus petition pursuant to 28 U.S.C. § 1651, seeking, in essence, to compel the District Court for the Eastern District of Pennsylvania to comply with an order issued by this Court in his prior action docketed at C.A. No. 04-1530, see In re Salemo, 130 Fed.Appx. 564 (3d Cir.2005), and assert jurisdiction over his motion filed pursuant to 28 U.S.C. § 2255. After Salerno filed his mandamus petition, the District Court entered an order rescinding its prior order wherein it had concluded that it lacked jurisdiction to consider his § 2255 motion. In accordance with our decision in In re Salemo, 130 Fed.Appx. at 566, the District Court indicated that it would consider Salerno’s motion as if it were the first § 2255 motion filed by petitioner. Additionally, the District Court entered an order on October 5, 2006, directing the government to file a response to Salemo’s § 2255 motion within thirty days.

Accordingly, insofar as the District Court has done that which Salerno has sought to have this Court compel it to do, the petition for a writ of mandamus will be denied as moot.