In Re: Hector Soto v., No. 11-1876 (3d Cir. 2012)

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ELD-034 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 11-1876 ___________ IN RE: HECTOR SOTO, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D. Del. Crim. No. 06-cr-00140; D. Del Civ. No. 08-cv-00915) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. April 24, 2012 Before: MCKEE, Chief Judge, ALDISERT and WEIS, Circuit Judges (Opinion filed: May 1, 2012) ____________ OPINION ____________ PER CURIAM. Hector Soto filed a petition for writ of mandamus requesting that we direct the District Court to rule on a motion that he had filed pursuant to 28 U.S.C. § 2255. The District Court has since ruled on Soto s § 2255 motion. In light of the District Court s action, the question Soto presented is no longer a live controversy, so we will deny the petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir. 1992). 1

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