ELD-034                                                        NOT PRECEDENTIAL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).




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