Charles Smith v.

U.S. Court of Appeals for the Third Circuit

Charles Smith v.

Opinion

BLD-309 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 18-2654 ___________

In re: CHARLES E. SMITH, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to Civ. No. 1-17-cv-02339) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. September 13, 2018

Before: RESTREPO, BIBAS and NYGAARD, Circuit Judges

(Opinion filed: September 21, 2018) _________

OPINION* _________

PER CURIAM

Pro se petitioner Charles Smith has filed a petition for writ of mandamus

requesting that we direct the United States District Court for the Middle District of

Pennsylvania to rule on his

28 U.S.C. § 2241

petition. However, on March 23, 2018—

months before Smith filed this mandamus petition—the District Court dismissed the

§ 2241 petition. Smith thus has not shown an “injury in fact” that will likely “be

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. redressed by a favorable decision” from this Court, Lujan v. Defs. of Wildlife,

504 U.S. 555

, 560–61 (1992) (quotation marks omitted), and we will therefore dismiss his petition

for lack of jurisdiction.1

1 Smith’s motions to proceed in forma pauperis and to be relieved from filing his prison- account statement are granted. 2

Reference

Status
Unpublished