John Douglas Parker v. ( 2012 )

HLD-003 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 11-4423
___________
IN RE: JOHN DOUGLAS PARKER,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Crim. No. 5-08-cr-00534-001)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
December 22, 2011
Before: McKEE, Chief Judge, ALDISERT and GARTH, Circuit Judges
(Opinion filed: October 10, 2012)
_________
OPINION
_________
PER CURIAM
Petitioner John Douglas Parker filed a petition for writ of mandamus on December
15, 2011, asking us to order the District Court to render a decision on his motion to
vacate his sentence under 28 U.S.C. § 2255. Parker’s § 2255 motion, filed in July 2010,
had been ripe for disposition since October 2010.
By order entered December 19, 2011, the District Court dismissed Parker’s § 2255
motion, declined to issue a certificate of appealability, and closed Parker’s case. Because
the District Court granted Parker the relief he requested in his mandamus petition—a
decision on his § 2255 motion—his mandamus petition has been rendered moot, and we
will deny it accordingly.
2