                                                                                                                           Opinions of the United
2006 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


10-25-2006

In Re: George Salemo
Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3730




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Recommended Citation
"In Re: George Salemo " (2006). 2006 Decisions. Paper 298.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/298


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HPS-149                                                        NOT PRECEDENTIAL

                       UNITED STATES COURT OF APPEALS
                            FOR THE THIRD CIRCUIT

                                      NO. 06-3730
                                   ________________

                              IN RE: GEORGE SALEMO,
                                               Petitioner

                       ____________________________________
                      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)
                      _____________________________________

                        Submitted Under Rule 21, Fed. R. App. P.
                                   August 31, 2006

     Before: CHIEF JUDGE SCIRICA, WEIS AND GARTH, CIRCUIT JUDGES

                               (Filed : October 25, 2006)

                               _______________________

                                       OPINION
                               _______________________

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
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.
