Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

5-27-2005 In Re: Desamour Precedential or Non-Precedential: Non-Precedential Docket No. 05-1666

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "In Re: Desamour " (2005). 2005 Decisions. Paper 1119. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1119

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HPS-63 (March 2005) NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 05-1666 ________________ IN RE: REYNOLDO DESAMOUR, Petitioner ____________________________________ On Petition for a Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to E.D. Pa. Crim. No. 89-cr-00389-6) _____________________________________ Submitted Under Rule 21, Fed. R. App. P. March 11, 2005 Before: CHIEF JUDGE SCIRICA, WEIS AND GARTH, CIRCUIT JUDGES Filed: May 27, 2005 _______________________ OPINION _______________________ PER CURIAM.

Reynoldo Desamour has filed a mandamus petition pursuant to 28 U.S.C. § 1651, seeking to compel the District Court for the Eastern District of Pennsylvania to rule on his motion filed pursuant to Fed. R. Civ. P. 60(b). It appears that the District Court has recently entered an order disposing of his Rule 60 motion. Accordingly, the petition for a writ of mandamus will be denied as moot. Desamour may, of course, challenge the District Court’s disposition of his Rule 60(b) motion by filing a timely notice of appeal in accordance with the dictates of Rules 3 and 4 of the Federal Rules of Appellate Procedure.