OPINION OF THE COURT

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, 2008 WL 4661808. Therefore, we will deny the petition for writ of mandamus as moot.