Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

5-26-2009 Juan Mota v. USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-1457

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Juan Mota v. USA" (2009). 2009 Decisions. Paper 1313. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1313

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ALD-154 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 09-1457 ___________ IN RE: JUAN MOTA, Petitioner ______ On a Petition for Writ of Mandamus from the District Court of the Virgin Islands Division of St. Thomas (D.V.I. Civil No. 04-cv-00071) District Judge: Honorable Curtis V. Gomez ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. April 9, 2009 Before: SLOVITER, FUENTES and JORDAN, Circuit Judges

(Opinion filed: May 26, 2009) _________ OPINION _________ PER CURIAM In February 2009 Juan Mota filed this pro se mandamus petition seeking an order that the District Court immediately rule upon the motion he filed pursuant to 28 U.S.C. § 2255 four years ago.

Subsequently, on February 9, 2009, the District Court appointed counsel for Mota and scheduled an evidentiary hearing on his § 2255 motion. That hearing took place on March 17, 2009. The government has filed a memorandum in the District Court and Mota has been given until April 6, 2009 to respond.

The District Court has now proceeded on Mota’s § 2255 motion, and we are confident that the court will eventually rule on the motion promptly. Accordingly, we will deny his petition for a writ of mandamus.