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

1-13-2009

In Re: Michael Nittolo Precedential or Non-Precedential: Non-Precedential

Docket No. 08-1862

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Recommended Citation "In Re: Michael Nittolo " (2009). 2009 Decisions. Paper 2043. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/2043

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. HLD-146 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 08-1862 ___________

IN RE: MICHAEL NITTOLO, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the New Jersey (Related to 06-cv-00194) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. August 29, 2008

Before: SCIRICA, Chief Judge, ALDISERT and GARTH, Circuit Judges.

(Filed: January 13, 2009) _________

OPINION OF THE COURT _________

PER CURIAM.

Pro se petitioner Michael Nittolo seeks a writ of mandamus to compel the United

States District Court for the District of New Jersey to rule upon his motion to vacate

sentence pursuant to

. The District Court entered an order denying

Nittolo’s § 2255 motion on October 20, 2008. Therefore, we will deny the petition for

writ of mandamus as moot.