NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 18-3158 ___________

IN RE: DEAN C. PLASKETT, Petitioner ____________________________________

On Petition for Writ of Mandamus from the District Court of the Virgin Islands (Related to D.V.I. Civ. No. 3-17-cv-00067) District Judge: Ruth Miller ____________________________________

Submitted Pursuant to Fed. R. App. P. 21 October 11, 2018

Before: SMITH, Chief Judge, AMBRO and ROTH, Circuit Judges

(Opinion filed: December 6, 2018) _________

OPINION * _________

PER CURIAM

Pro se petitioner Dean C. Plaskett seeks a writ of mandamus to compel the District

Court to rule on a petition he filed pursuant to

. A writ of mandamus

may be warranted where a district court’s “undue delay is tantamount to a failure to

exercise jurisdiction.” See Madden v. Myers,

(3d Cir. 1996). On

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. November 6, 2018, a Magistrate Judge entered a Report and Recommendation

concerning Plaskett’s § 2241 petition, and Plaskett has since filed objections. Because

the case is now moving forward, we find no reason to grant the “drastic remedy” of

mandamus relief. See In re Diet Drugs Prods. Liab. Litig.,

, 378 (3d Cir.

2005). We have full confidence that the District Court will rule on Plaskett’s petition

within a reasonable time. Accordingly, we will deny Plaskett’s mandamus petition.

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