HLD-005 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 23-1080 ___________

IN RE: FELIX CRUZ, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the District Court for the District of the Virgin Islands (Related to D.V.I. Crim. No. 1:04-cr-00105-004) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. February 2, 2023 Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges

(Opinion filed: October 11, 2023) _________

OPINION * _________

PER CURIAM

On January 4, 2023, Petitioner Felix Cruz filed a pro se petition for a writ of

mandamus asking this Court to order the District Court to act on his

motion to vacate, set aside, or correct his sentence, and other pending motions. By order

entered March 8, 2023, a Magistrate Judge ruled on Cruz’s miscellaneous motions, and

on July 18, 2023, the District Court granted in part and denied in part his § 2255 motion.

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In light of these actions, Cruz’s mandamus petition no longer presents a live

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

Corp.,

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

adjudication that . . . prevent a court from being able to grant the requested relief, the case

must be dismissed as moot.”).

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