In re Nesbitt

U.S. Courts of Appeals

Decided February 8, 2012

U.S. Courts of Appeals · decided 2012-02-08

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Lusardi v. Xerox Corp.

Decided 2012-02-08

¶1OPINION

PER CURIAM.

¶2On January 24, 2012, Brenneis Alister Nesbitt filed a petition for writ of mandamus requesting that we direct the District Court to rule on a motion that he had filed pursuant to 28 U.S.C. § 2255. On that same day, the District Court ruled on Nes-bitt’s § 2255 motion. In light of the District Court’s action, the question Nesbitt presented is no longer a live controversy, so we will deny the petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir.1992).