Third Circuit disposition — 121159np-pdf

DLD-106 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-1159
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IN RE: BRENNEIS A. NESBITT,
Petitioner
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On a Petition for Writ of Mandamus from the
District Court of the Virgin Islands
(Related to D.V.I. Crim. No. 04-cr-00077/D.V.I. Civ. No. 09-cv-00126)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
February 2, 2012
Before: AMBRO, JORDAN AND VANASKIE, Circuit Judges
(Opinion filed February 8, 2012)
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OPINION
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PER CURIAM
On January 24, 2012, Brenneis Alister Nesbitt 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. On that same day, the District Court ruled on
Nesbitt’s § 2255 motion. In light of the District Court’s action, the question Nesbitt
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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