Third Circuit disposition — 063730np-pdf

HPS-149 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3730
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IN RE: GEORGE SALEMO,
Petitioner
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On Petition for a Writ of Mandamus from the
United States District Court for the
Eastern District of Pennsylvania
(Related to E.D. Pa. Crim. No. 92-cr-00547)
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Submitted Under Rule 21, Fed. R. App. P.
August 31, 2006
Before: CHIEF JUDGE SCIRICA, WEIS AND GARTH, CIRCUIT JUDGES
(Filed : October 25, 2006)
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OPINION
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PER CURIAM
George Salemo has filed a mandamus petition pursuant to 28 U.S.C. § 1651,
seeking, in essence, to compel the District Court for the Eastern District of Pennsylvania
to comply with an order issued by this Court in his prior action docketed at C.A. No. 04-
1530, see In re Salemo, 130 Fed.Appx. 564, 2005 WL 1111761 (3d Cir. May 11, 2005),
and assert jurisdiction over his motion filed pursuant to 28 U.S.C. § 2255. After Salemo

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filed his mandamus petition, the District Court entered an order rescinding its prior order
wherein it had concluded that it lacked jurisdiction to consider his § 2255 motion. In
accordance with our decision in In re Salemo, 130 Fed.Appx. at 566, 2005 WL 1111761,
*2, the District Court indicated that it would consider Salemo’s motion as if it were the
first § 2255 motion filed by petitioner. Additionally, the District Court entered an order
on October 5, 2006, directing the government to file a response to Salemo’s § 2255
motion within thirty days.
Accordingly, insofar as the District Court has done that which Salemo has sought
to have this Court compel it to do, the petition for a writ of mandamus will be denied as
moot.

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