PER CURIAM.
This cause is before the Court on the motion of the Respondent District Judge to dismiss the petition for a writ of mandamus filed in this Court, on the ground that it does not allege any failure on his part to perform a non-discretionary act.
Petitioner's mandamus action seeks an order compelling the District Judge to act on his petition for a writ of habeas corpus, which had been pending before the District Judge since October 7, 1969.
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