NOT PRECEDENTIAL

                        UNITED STATES COURT OF APPEALS
                             FOR THE THIRD CIRCUIT
                                  ___________

                                        No. 19-1429
                                        ___________

                       IN RE: FRANCISCO HERRERA-GENAO,
                                                Petitioner
                       ____________________________________

                       On Petition for Writ of Mandamus from the
                United States District Court for the District of New Jersey
                    (Related to D.N.J. Crim. No. 3:07-cr-00454-002)
                      ____________________________________

                         Submitted Pursuant to Fed. R. App. P. 21
                                    March 18, 2019

           Before: SMITH, Chief Judge, AMBRO and ROTH, Circuit Judges

                              (Opinion filed: August 9, 2019)
                                        _________

                                         OPINION *
                                         _________

PER CURIAM

       Pro se petitioner Francisco Herrera-Genao seeks a writ of mandamus to compel

the District Court to rule on a motion he filed to correct his restitution obligation in his

judgment of sentence. A writ of mandamus may be warranted where a district court’s

“undue delay is tantamount to a failure to exercise jurisdiction.” See Madden v. Myers,



*
 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.


, 79 (3d Cir. 1996). On July 30, 2019, the District Court entered an order

directing the Government to respond to Herrera-Genao’s motion. Because the case is

now moving forward, we find no reason to grant the “drastic remedy” of mandamus

relief. See In re Diet Drugs Prods. Liab. Litig., 

, 378 (3d Cir. 2005). We

have full confidence that the District Court will rule on Herrera-Genao’s motion within a

reasonable time. Accordingly, we will deny Herrera-Genao’s mandamus petition.




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