Filed: Oct. 25, 2006
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 10-25-2006 In Re: George Salemo Precedential or Non-Precedential: Non-Precedential Docket No. 06-3730 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "In Re: George Salemo " (2006). 2006 Decisions. Paper 298. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/298 This decision is brought to you for free and open access by the Opinions of t
Summary: Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 10-25-2006 In Re: George Salemo Precedential or Non-Precedential: Non-Precedential Docket No. 06-3730 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "In Re: George Salemo " (2006). 2006 Decisions. Paper 298. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/298 This decision is brought to you for free and open access by the Opinions of th..
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Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
10-25-2006
In Re: George Salemo
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-3730
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006
Recommended Citation
"In Re: George Salemo " (2006). 2006 Decisions. Paper 298.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/298
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 2006 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
HPS-149 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3730
________________
IN RE: GEORGE SALEMO,
Petitioner
____________________________________
On Petition for a Writ of Mandamus from the
United States District Court for the
Eastern District of Pennsylvania
(Related to E.D. Pa. Crim. No. 92-cr-00547)
_____________________________________
Submitted Under Rule 21, Fed. R. App. P.
August 31, 2006
Before: CHIEF JUDGE SCIRICA, WEIS AND GARTH, CIRCUIT JUDGES
(Filed : October 25, 2006)
_______________________
OPINION
_______________________
PER CURIAM
George Salemo has filed a mandamus petition pursuant to 28 U.S.C. § 1651,
seeking, in essence, to compel the District Court for the Eastern District of Pennsylvania
to comply with an order issued by this Court in his prior action docketed at C.A. No. 04-
1530, see In re Salemo, 130 Fed.Appx. 564,
2005 WL 1111761 (3d Cir. May 11, 2005),
and assert jurisdiction over his motion filed pursuant to 28 U.S.C. § 2255. After Salemo
filed his mandamus petition, the District Court entered an order rescinding its prior order
wherein it had concluded that it lacked jurisdiction to consider his § 2255 motion. In
accordance with our decision in In re Salemo, 130 Fed.Appx. at 566,
2005 WL 1111761,
*2, the District Court indicated that it would consider Salemo’s motion as if it were the
first § 2255 motion filed by petitioner. Additionally, the District Court entered an order
on October 5, 2006, directing the government to file a response to Salemo’s § 2255
motion within thirty days.
Accordingly, insofar as the District Court has done that which Salemo has sought
to have this Court compel it to do, the petition for a writ of mandamus will be denied as
moot.