BLD-030 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 22-3068 ___________ IN RE: CALEB L. MCGILLVARY, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 2-22-cv-04185) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. November 17, 2022 Before: AMBRO, KRAUSE, and PORTER, Circuit Judges (Opinion filed: December 28, 2022) _________ OPINION * _________ PER CURIAM Pro se petitioner Caleb McGillvary filed a petition for a writ of mandamus in this Court asking us to order the District Court to act on the habeas petition he filed under 28 U.S.C. § 2254. He has now filed a motion to withdraw the mandamus petition because

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. the District Court has entered a show cause order in his habeas matter. We accordingly grant McGillvary’s motion to withdraw the petition and will enter an order dismissing it.