Third Circuit disposition — 081441np-pdf

HLD-89 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-1441
IN RE: ELISTON F. GEORGE,
Petitioner
On Petition for a Writ of Mandamus from the
District Court of the Virgin Islands
(Related to D.V.I. No. 07-cv-0055)
Submitted Pursuant to Rule 21, Fed. R. App. P.
March 31, 2008
Before: SCIRICA, Chief Judge, ALDISERT and GARTH, Circuit Judges.
(Filed: May 21, 2008)
OPINION OF THE COURT
PER CURIAM.
On March 21, 2007, George, a prisoner proceeding pro se, petitioned the District
Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging ineffective
assistance of counsel and improper jury instructions. On February 12, 2008, George

-- 1 of 2 --

2
petitioned this Court for a writ of mandamus, seeking an order compelling the District
Court to act upon his habeas corpus petition.
In the intervening time, on January 31, 2008, the District Court entered an order
dismissing George’s habeas corpus petition. The District Court construed George’s
petition as a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255
and dismissed it as a second or successive § 2255 motion filed without authorization from
the Court of Appeals.
Because the District Court has now provided George the relief he sought in his
mandamus petition to this Court, i.e., a ruling on his habeas corpus petition, we dismiss
his mandamus petition as moot.

-- 2 of 2 --