in Re: Juan Mota v. Gomez Submitted Pursuant to Rule 21, Fed. R. App. P. April 9, 2009

ALD-154 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 09-1457
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IN RE: JUAN MOTA,
Petitioner
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On a Petition for Writ of Mandamus from the
District Court of the Virgin Islands
Division of St. Thomas
(D.V.I. Civil No. 04-cv-00071)
District Judge: Honorable Curtis V. Gomez
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Submitted Pursuant to Rule 21, Fed. R. App. P.
April 9, 2009
Before: SLOVITER, FUENTES and JORDAN, Circuit Judges
(Opinion filed: May 26, 2009)
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OPINION
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PER CURIAM
In February 2009 Juan Mota filed this pro se mandamus petition seeking an order
that the District Court immediately rule upon the motion he filed pursuant to 28 U.S.C. §
2255 four years ago.
Subsequently, on February 9, 2009, the District Court appointed counsel for Mota

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and scheduled an evidentiary hearing on his § 2255 motion. That hearing took place on
March 17, 2009. The government has filed a memorandum in the District Court and
Mota has been given until April 6, 2009 to respond.
The District Court has now proceeded on Mota’s § 2255 motion, and we are
confident that the court will eventually rule on the motion promptly. Accordingly, we
will deny his petition for a writ of mandamus.

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