n v. In Re: John Pickering-George, No. 11-1065 (3d Cir. 2012)

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HLD-083 (January 2011) NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 11-1065 ___________ IN RE: JOHN T. PICKERING-GEORGE (ADOPTED) JOHN R. DALEY, JR., Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D. Del Civ. No. 10-cv-00313) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. January 31, 2011 Before: MCKEE, Chief Judge, ALDISERT AND WEIS Circuit Judges (Opinion filed: July 24, 2012) _________ OPINION _________ PER CURIAM In April 2010, John Pickering-George filed an action in the United States District Court for the District of Delaware, apparently seeking disbursement of various documents. The District Court issued an order directing Pickering-George to complete an in forma pauperis ( IFP ) application or pay the filing fee within 21 days, warning that failure to do so would result in dismissal of the case (the fee order ). Pickering-George failed to comply with the fee order, and the District Court dismissed the case without 1 prejudice by order entered July 1, 2010. On August 23, 2010, Pickering-George filed a motion for reconsideration, alleging that he did not receive the fee order. The case was reassigned to Judge Leonard P. Stark on August 25, 2010. In January 2011, Pickering-George filed a petition for a writ of mandamus in this Court, complaining about the District Court s failure to respond to his motion for reconsideration. Subsequent to the filing of his mandamus petition, the District Court granted Pickering-George s motion for reconsideration, permitting him to pay the filing fee or submit an IFP application within 21 days. Pickering-George complied with that order and filed an IFP application. The District Court granted that application by order entered March 4, 2011. Because the District Court has provided the relief that PickeringGeorge sought in his mandamus petition, we will deny that petition as moot. 2

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