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HLD-161 (September 2008) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-3820
IN RE: EMMETT NELSON,
Petitioner
On a Petition for Writ of Mandamus from the
United States District Court for the Western District of Pennsylvania
(Related to D.C. Civil No. 3:07-cv-00071)
Submitted Pursuant to Rule 21, Fed. R. App. P.
September 30, 2008
Before: SCIRICA, Chief Judge, WEIS AND GARTH, Circuit Judges
(Opinion filed: October 17, 2008)
OPINION
PER CURIAM.
On March 27, 2007, Petitioner Emmett Nelson, a federal prisoner
proceeding pro se, petitioned the District Court for a writ of habeas corpus pursuant to 28
U.S.C. § 2241, challenging the computation of his federal sentence. The District Judge
referred the petition to a Magistrate Judge. On September 5, 2008, Nelson petitioned this
Court for a writ of mandamus, requesting an order compelling the District Court to act
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upon his habeas petition. On September 11, 2008, the Magistrate Judge issued a Report
recommending denial of Nelson’s habeas petition. On September 29, 2008, the District
Court adopted the Report and denied Nelson’s petition. Given that Nelson has now
received the relief he seeks in his mandamus petition – a ruling on his habeas petition –
we will deny his mandamus petition, along with his motion for appointment of counsel, as
moot.
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