CLD-162 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 24-2223 ___________ IN RE: PAUL E. PAVULAK, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D.C. Civil Action No. 1:09-cr-00043-001) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. August 1, 2024 Before: KRAUSE, FREEMAN, and SCIRICA, Circuit Judges (Opinion filed August 26, 2024) _________ OPINION* _________

PER CURIAM Federal prisoner Paul Pavulak petitions pro se for a writ of mandamus directing the United States District Court for the District of Delaware to rule on his motion filed

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. pursuant to Federal Rule of Civil Procedure 60(d)(3). 3d Cir. Dkt. No. 1-3, at 3, 11. On June 28, 2024 (after Pavulak prepared his mandamus petition1), the District Court dismissed his Rule 60(d)(3) motion for lack of jurisdiction, concluding that the motion constituted an unauthorized second or successive 28 U.S.C. § 2255 motion.2 Dist. Ct. Dkt. No. 216. Now that the District Court has issued its decision, Pavulak’s mandamus petition no longer presents a live controversy, and thus we will dismiss the petition 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.”). To the extent that Pavulak seeks a hearing in this mandamus action, 3d Cir. Dkt. No. 1-3, at 11, that request is denied.

Pavulak’s mandamus petition is dated June 15, 2024, but we did not receive it until July 5, 2024. 3d Cir. Dkt. No. 1-3, at 12-13.

Pavulak has appealed from that decision. Dist. Ct. Dkt. No. 217. That appeal is pending before this Court at C.A. No. 24-2313.