Whether a writ of mandamus should issue directing the court of appeals to rule the motion for reconsideration

QUESTION PRESENTED | . Court of Appeals for the Ninth Circuit dismissed petitioner’s appeal as frivolous and stated that “No further filing will be . "entertained in this closed case”, however the court of appeals did not order issuance of its mandate forthwith. Petitioner timely filed a . motion for reconsideration seeking reversal of the court of appeals’ dismissal order. Six months later, the court of appeals struck the motion for reconsideration refusing to rule it. The question presented is whether a writ of mandamus should issue directing the court of appeals to rule the motion for reconsideration? (Whether the court of appeals has reached a : genuinely final judgment under 28 USC §2101 (c) and this Court’s Rule 13.3?) | ;