Richard Pierce v., No. 13-3498 (3d Cir. 2013)

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GLD-412 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 13-3498 ___________ IN RE: RICHARD PIERCE, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to E.D. Pa. Crim. No. 2:08-cr-00245-001) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. August 29, 2013 Before: FUENTES, FISHER and VANASKIE, Circuit Judges (Opinion filed: September 11, 2013) _________ OPINION _________ PER CURIAM On or about August 16, 2013, federal prisoner Richard Pierce filed a pro se petition for a writ of mandamus, seeking an order from this Court directing the United States District Court for the Eastern District of Pennsylvania ( the District Court ) to rule on his pending 28 U.S.C. § 2255 motion and the Government s related motion to dismiss. On August 23, 2013, the District Court granted the Government s motion to dismiss, denied Pierce s request to amend his § 2255 motion as futile, dismissed his § 2255 motion, and closed the case. Because Pierce has now received a ruling on the pending motions in his § 2255 proceedings, we will deny his mandamus petition as moot. 2

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