Richard Stewart v.

U.S. Court of Appeals for the Third Circuit

Richard Stewart v.

Opinion

DLD-030 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 21-2851 ___________

IN RE: RICHARD STEWART, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to M.D. Pa. Civ. No. 3:20-cv-00803) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. November 18, 2021

Before: KRAUSE, MATEY and PHIPPS, Circuit Judges

(Opinion filed: December 8, 2021) _________

OPINION* _________

PER CURIAM

Richard Stewart filed a pro se petition for a writ of mandamus requesting that we

compel the District Court to rule, in his favor, on a petition he filed under

28 U.S.C. § 2241

. The District Court has since denied the § 2241 petition by order entered October

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 13, 2021, and Stewart has appealed. See C.A. No. 21-2980. In light of the District

Court’s action, this mandamus petition does not present a live controversy. Therefore,

we will dismiss it as moot. See Blanciak v. Allegheny Ludlum Corp.,

77 F.3d 690

, 698-

99 (3d Cir. 1996) (“If developments occur during the course of adjudication that

eliminate a plaintiff’s personal stake in the outcome of a suit or prevent a court from

being able to grant the requested relief, the case must be dismissed as moot.”).

2

Reference

Status
Unpublished