Third Circuit disposition — 113880np-pdf

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AMENDED HLD-001 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 11-3880
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IN RE: ANTHONY LIONETTI,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to Civ. No. 10-cv-4720)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
November 3, 2011
Before: Chief Judge MCKEE, ALDISERT and GARTH, Circuit Judges
(Opinion filed: January 27, 2012)
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OPINION
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PER CURIAM
On October 26, 2011, Anthony Lionetti filed a petition for a writ of mandamus
seeking an order directing the District Court to act on his motion filed pursuant to 28
U.S.C. § 2255. On November 18, 2011, the District Court denied Lionetti’s § 2255
motion. Thus, his request for an order directing the District Court to act on his motion is
now moot.

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Lionetti also requests the recusal of the District Court Judge. While mandamus is
available to review a District Court’s refusal to recuse pursuant to 28 U.S.C. § 455(a),1
For the above reasons, the mandamus petition will be denied
see Alexander v. Primerica Holdings, Inc., 10 F.3d 155, 163 (3d Cir. 1993), Lionetti did
not move for recusal in the District Court. Thus, he is not entitled to mandamus relief on
that ground.
1 Section 455(a) provides that a judge “shall disqualify himself in any proceeding in
which his impartiality might reasonably be questioned.”

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