DLD-106                                                         NOT PRECEDENTIAL

                       UNITED STATES COURT OF APPEALS
                            FOR THE THIRD CIRCUIT
                                 ___________

                                       No. 12-1159
                                       ___________

                            IN RE: BRENNEIS A. NESBITT,
                                                         Petitioner
                       ____________________________________

                      On a Petition for Writ of Mandamus from the
                            District Court of the Virgin Islands
         (Related to D.V.I. Crim. No. 04-cr-00077/D.V.I. Civ. No. 09-cv-00126)
                      ____________________________________

                     Submitted Pursuant to Rule 21, Fed. R. App. P.
                                   February 2, 2012
             Before: AMBRO, JORDAN AND VANASKIE, Circuit Judges

                             (Opinion filed February 8, 2012)
                                       _________

                                        OPINION
                                        _________

PER CURIAM

       On January 24, 2012, Brenneis Alister Nesbitt 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. On that same day, the District Court ruled on

Nesbitt’s § 2255 motion. In light of the District Court’s action, the question Nesbitt

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).
