James Platts v., No. 14-1411 (3d Cir. 2014)

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CLD-296 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 14-1411 ___________ IN RE: JAMES C. PLATTS, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to Civ. No. 2-14-cv-00036) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. July 3, 2014 Before: FUENTES, JORDAN and SHWARTZ, Circuit Judges (Opinion filed: July 11, 2014) _________ OPINION _________ PER CURIAM Pro se petitioner James Platts has filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1651 seeking an order compelling the District Court to docket a complaint he filed against the United States alleging that it engaged in unauthorized collection actions. Our review of the District Court s docket reveals that Platts s civil action has, in fact, been docketed (and subsequently dismissed due to Platts s refusal either to pay the filing fee or file a motion to proceed in forma pauperis). See W.D. Pa. Civ. A. No. 14-cv-0036. Therefore, Platts s mandamus petition seeking to compel the District Court to docket the action is moot,1 and we will deny it accordingly. 1 To the extent that Platts asks us to order the District Court to hold an evidentiary hearing, we will deny the request because Platts s right to a hearing is not clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980) (per curiam) (quotation marks omitted). 2

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