Background
Edward Dane Jeffus filed a petition for a writ of mandamus, alleging that the district court unduly delayed acting on his objections to a magistrate judge’s report. The magistrate judge had recommended construing Jeffus’s Federal Rule of Civil Procedure 60(b) motion as an unauthorized successive motion under 28 U.S.C. Section 2255 and dismissing it. Jeffus sought an order directing the district court to rule on his objections.
The court’s reasoning
The court reviewed the district court’s docket and found that the district court accepted the magistrate judge’s recommendation and dismissed Jeffus’s motion by an order entered on March 2, 2026. Because the district court had recently decided Jeffus’s motion, the petition for a writ of mandamus was moot. The court dispensed with oral argument because the facts and legal contentions were adequately presented in the materials before the court.
What it means going forward
The denial of the mandamus petition leaves the district court’s dismissal of the successive motion in place.