Third Circuit disposition — 061435np-pdf

HPS-38 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-1435
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IN RE: WALTER J. TILLMON,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Civ. No. 04-cv-04640)
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Submitted Under Rule 21, Fed. R. App. P.
March 10, 2006
Before: CHIEF JUDGE SCIRICA, WEIS and GARTH, Circuit Judges.
(Filed: June 29, 2006)
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OPINION
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PER CURIAM.
Pro se petitioner Walter J. Tillmon seeks a writ of mandamus to compel the
United States District Court for the Eastern District of Pennsylvania to reach an
immediate decision on his petition for a writ of habeas corpus.
Tillmon filed his petition for a writ of habeas corpus on October 4, 2004.
On December 3, 2004, the Commonwealth filed its answer to Tillmon’s habeas petition.
Tillmon then requested permission to file a traverse and later sought an extension of time
in which to do so. The Court granted both requests. Tillmon’s traverse and a motion to

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amend his habeas petition were filed on March 30, 2005. On April 6, 2005, the Court
granted Tillmon’s motion and ordered Tillmon’s brief in support of his habeas petition
amended as requested. The following month, Tillmon filed a request for a temporary
restraining order or a preliminary injunction, seeking to enjoin defendants from retaliating
against him for seeking relief through the courts.
On April 28, 2006, after Tillmon had filed the instant petition, the
Magistrate Judge issued a Report & Recommendation, recommending that Tillmon’s
habeas petition be denied and dismissed as time-barred. On June 13, 2006, the District
Court entered an order adopting the Report & Recommendation as the opinion of the
Court, and denying Tillmon’s habeas petition, his request for a temporary restraining
order and/or preliminary injunction, and his request for immediate action. Because
Tillmon has now received the relief he sought in filing his mandamus petition – a ruling
on his habeas corpus petition and related motions – we will deny his mandamus petition
as moot.

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