Richard Stewart v.
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DLD-030 NOT PRECEDENTIAL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- Unpublished