IN RE: Dean C. PLASKETT (2018)

OPINION *

Pro se petitioner Dean C. Plaskett seeks a writ of mandamus to compel the District Court to rule on a petition he filed pursuant to 28 U.S.C. § 2241. 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, 102 F.3d 74, 79 (3d Cir. 1996). On November 6, 2018, a Magistrate Judge entered a Report and Recommendation concerning Plaskett’s § 2241 petition, and Plaskett has since filed objections. 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., 418 F.3d 372, 378 (3d Cir. 2005). We have full confidence that the District Court will rule on Plaskett’s petition within a reasonable time. Accordingly, we will deny Plaskett’s mandamus petition.

PER CURIAM