Source: United States Court of Appeals for the Third Circuit
Date: 2010-10-04
Jurisdiction: United States
Docket: No. 10-3566
Citation: 395 F. App'x 816
Opinion
OPINION PER CURIAM. On September 2, 2010, Keon Games filed this pro se mandamus petition, seeking an order to compel the District Court to rule on a motion that he filed pursuant to 28 U.S.C. § 2255 and a motion for a default judgment in the same case. For the reasons that follow, we conclude that mandamus relief is not warranted because Games’ petition is moot. Games, an inmate at FCI Schuylkill, pleaded guilty to one count of possessing a firearm after having been convicted of a felony. 18 U.S.C. § 922(g). He was later sentenced to 120 months imprisonment.
In February 2010, Games filed a § 2255 petition to vacate, set aside, or correct his sentence. He later moved for a default judgment on the ground that the Government did not respond to the District Court’s order to answer his petition. The District Court denied Games § 2255 relief and declined to issue a certificate of appealability by order entered August 20, 2010. On September 2, 2010, Games moved for mandamus relief, asking that the District Court be compelled to rule on his § 2255 motion. The District Court has already ruled on his motion. Accordingly, we will deny Games’ mandamus petition as moot. .
In fact, the Government did file a response within the time given by the District Court.