Testo completo
BLD-030 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 22-3068
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IN RE: CALEB L. MCGILLVARY,
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 D.N.J. Civ. No. 2-22-cv-04185)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
November 17, 2022
Before: AMBRO, KRAUSE, and PORTER, Circuit Judges
(Opinion filed: December 28, 2022)
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OPINION*
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PER CURIAM
Pro se petitioner Caleb McGillvary filed a petition for a writ of mandamus in this
Court asking us to order the District Court to act on the habeas petition he filed under 28
U.S.C. § 2254. He has now filed a motion to withdraw the mandamus petition because
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
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the District Court has entered a show cause order in his habeas matter. We accordingly
grant McGillvary’s motion to withdraw the petition and will enter an order dismissing it.
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