Charles Smith v.
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BLD-309 NOT PRECEDENTIAL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. § 2241petition. 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- Unpublished