Opinion
Submitted April 7, 2006
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
James Lamont Richardson, USPV-U.S. Penitentiary, Adelanto, CA, for Petitioner.
Petition for Writ of Mandamus. D.C. No. CR-97-05129-OWW.
Before: SCHROEDER, Chief Judge, and TROTT, Circuit Judge, and RHOADES, District Judge.
The Honorable John S. Rhoades, Sr., Senior United States District Judge for the Southern District of California, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Petitioner has filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1651(a) seeking an order (1) directing the United States to provide petitioner with a certified copy of his complete trial transcript and various discovery materials, and (2) declaring that the time limit for the filing of his § 2255 habeas petition has been equitably tolled. During the pendency of this appellate proceeding, the district court entered an order granting petitioner the requested relief. Accordingly, the petition for writ of mandamus is moot.
THE PETITION FOR WRIT OF MANDAMUS IS DENIED AS MOOT. NO PETITIONS FOR REHEARING WILL BE ACCEPTED. THE MANDATE SHALL ISSUE FORTHWITH.