In Re: Pargev Gazdhyan, Jr v.

U.S. Court of Appeals for the Third Circuit

In Re: Pargev Gazdhyan, Jr v.

Opinion

DLD-182 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 18-3657 ___________

IN RE: PARGEV GAZDHYAN, JR., 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. 2:17-cv-00218) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. May 9, 2019 Before: JORDAN, GREENAWAY, Jr., and NYGAARD, Circuit Judges

(Opinion filed August 20, 2019) _________

OPINION* _________

PER CURIAM

Pro se petitioner Pargev Gazdhyan seeks a writ of mandamus in connection with a

28 U.S.C. § 2255

motion he filed in the District Court. For the reasons that follow, we

will dismiss Gazdhyan’s mandamus petition as moot.

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 In April 2018, Gazdhyan filed a motion to vacate, set aside, or correct his sentence

under § 2255 in the District Court. On December 11, 2018, Gazdhyan filed this

mandamus petition, asking that we direct the District Court to rule on his § 2255 motion

“in an expedited fashion.” Mandamus Petition, at 1. Just over one month later, on

January 23, 2019, the District Court issued a memorandum and order, denying

Gazdhyan’s § 2255 motion.

Because Gazdhyan has now obtained the relief he sought, an adjudication of his

§ 2255 motion, his mandamus petition is now moot. See Blanciak v. Allegheny Ludlum

Corp.,

77 F.3d 690

, 698–99 (3d Cir. 1996). We will therefore dismiss the petition.

2

Reference

Status
Unpublished