David Lusick v., No. 13-1824 (3d Cir. 2013)

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**AMENDED DLD-232 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 13-1824 ___________ IN RE: DAVID GEORGE LUSICK, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to Civ. No. 12-cv-05150 ) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. May 9, 2013 Before: AMBRO, SMITH and CHAGARES, Circuit Judges (Opinion filed: June 10, 2013) _________ OPINION _________ PER CURIAM David Lusick has filed a petition for a writ of mandamus, seeking that we order the United States District Court for the Eastern District of Pennsylvania to consider a complaint he says he filed on September 1, 2012 a complaint that the District Court said it did not receive. 1 He also asks us to order that Court to serve and consider some of his other filings, and reassign a different judge to his District Court proceedings. 1 Although it is not clear whether the District Court ever received Lusick s complaint in 2012, we would remind the District Court that if it denies an applicant s motion to We will deny Lusick s petition. Since the time Lusick filed his mandamus petition, he has complied with the District Court s order to file a new complaint. The District Court has also randomly reassigned the proceedings to another judge. Thus, those requests are moot. We are confident that the District Court will also serve and/or consider Lusick s other filings, to the extent it deems appropriate. If Lusick is unhappy with any of the District Court s rulings, he can raise those issues on appeal. See Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380-81 (2004) (mandamus is not a substitute for appeal). 2 proceed in forma pauperis, it should retain the unfiled complaint until any appeals are complete. 2 Lusick s remaining motions in this Court are denied. 2

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