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1-13-2009 In Re: Michael Nittolo Precedential or Non-Precedential: Non-Precedential Docket No. 08-1862

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "In Re: Michael Nittolo " (2009). 2009 Decisions. Paper 2043. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/2043

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HLD-146 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 08-1862 ___________ IN RE: MICHAEL NITTOLO, Petitioner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 28 U.S.C. § 2255. 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.