Third Circuit disposition — 081862np-pdf

HLD-146 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 08-1862
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IN RE: MICHAEL NITTOLO,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the New Jersey
(Related to 06-cv-00194)
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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)
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OPINION OF THE COURT
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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.

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