Opinions of the United
2005 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


5-4-2005

In Re: Carter
Precedential or Non-Precedential: Non-Precedential

Docket No. 05-1471




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Recommended Citation
"In Re: Carter " (2005). 2005 Decisions. Paper 1246.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1246


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HPS-58 (March 2005)                                     NOT PRECEDENTIAL

                        UNITED STATES COURT OF APPEALS
                             FOR THE THIRD CIRCUIT

                                       NO. 05-1471
                                    ________________

                            IN RE: DELROY D. CARTER,
                                                 Petitioner.
                       ____________________________________

                      On a Petition for Writ of Mandamus from the
                United States District Court for the District of New Jersey
                           (Related to Civ. No. 02-cv-02016)
                     _____________________________________

                  Submitted Under Rule 21, Fed. R. App. Pro.
                              March 11, 2005
     BEFORE: SCIRICA, CHIEF JUDGE, WEIS and GARTH, CIRCUIT JUDGES
                              Filed: May 4, 2005
                         _______________________

                                       OPINION
                               _______________________

PER CURIAM.

              Delroy D. Carter asks that we issue a writ of mandamus directing the

District Court to rule on his motion under 28 U.S.C. § 2255 claiming ineffective

assistance of counsel and that the District Court erred in computing his sentence. For the

reasons that follow, we will deny the petition.

              Carter is a federal prisoner at FCI-Fort Dix serving seventy-eight months

for illegally reentering the country after deportation. On April 29, 2002, following a



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direct appeal, he filed a motion under 28 U.S.C. § 2255. After nearly three years in the

District Court, Carter had not received a ruling on his motion despite multiple requests.

On February 14, 2005, Carter filed the current petition for a writ of mandamus asking us

to direct the District Court to rule on his pending motion.

              By order entered April 22, 2005, the District Court denied Carter’s § 2255

motion. Because the District Court has ruled on Carter’s motion, we will deny the

mandamus petition as moot.




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