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The petitioner, Franklin Xavier, filed a petition for writ of mandamus seeking an order to compel the magistrate judge to rule on his pending Section 2255 motion challenging his criminal conviction that had been pending for over 6 months. While acknowledging that delays over 6 months are concerning, the Third Circuit denies the petition finding that the delay was not so extraordinary as to warrant mandamus relief, that the courts will likely rule on the motion without undue delay, and that Xavier did not al

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Scribd Government Docs

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