In Re: Emmett Nelson

Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit 10-17-2008 In Re: Emmett Nelson Precedential or Non-Precedential: Non-Precedential Docket No. 08-3820 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008 Recommended Citation "In Re: Emmett Nelson " (2008). 2008 Decisions. Paper 350. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/350 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. HLD-161 (September 2008) NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 08-3820 IN RE: EMMETT NELSON, Petitioner On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to D.C. Civil No. 3:07-cv-00071) Submitted Pursuant to Rule 21, Fed. R. App. P. September 30, 2008 Before: SCIRICA, Chief Judge, WEIS AND GARTH, Circuit Judges (Opinion filed: October 17, 2008) OPINION PER CURIAM. On March 27, 2007, Petitioner Emmett Nelson, a federal prisoner proceeding pro se, petitioned the District Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the computation of his federal sentence. The District Judge referred the petition to a Magistrate Judge. On September 5, 2008, Nelson petitioned this Court for a writ of mandamus, requesting an order compelling the District Court to act 1 upon his habeas petition. On September 11, 2008, the Magistrate Judge issued a Report recommending denial of Nelson’s habeas petition. On September 29, 2008, the District Court adopted the Report and denied Nelson’s petition. Given that Nelson has now received the relief he seeks in his mandamus petition – a ruling on his habeas petition – we will deny his mandamus petition, along with his motion for appointment of counsel, as moot. 2