Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

4-22-2005 In re: Kerwin Precedential or Non-Precedential: Non-Precedential Docket No. 04-4408

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "In re: Kerwin " (2005). 2005 Decisions. Paper 1324. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1324

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HPS-36 (January 2005) NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 04-4408 ____________ IN RE: RYAN KERWIN, Petitioner ____________ ON A PETITION FOR WRIT OF MANDAMUS FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (Related to E.D. Pa. Civ. No. 03-cv-05645) ____________ Submitted Under Rule 21, Fed. R. App. Pro.

January 21, 2005 Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges.

Filed: April 22, 2005 _______________________ OPINION _______________________ PER CURIAM.

Ryan Kerwin, a Pennsylvania inmate serving a five to ten-year sentence in prison imposed in January 1999 for various offenses, has filed a petition for writ of mandamus. Kerwin seeks to compel the District Court to render a final decision on his petition for writ of habeas corpus, which was filed pursuant to 28 U.S.C. § 2254.

On April 11, 2005, subsequent to the filing of Kerwin’s mandamus petition, the District Court entered an order denying his § 2254 petition. Because the District Court has afforded Kerwin the relief sought, we will deny the mandamus petition as moot.