Jonathan Davey v., No. 23-1335 (3d Cir. 2023)

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NOT PRECEDENTIAL BLD-119 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 23-1335 ___________ IN RE: JONATHAN DAVEY, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 1:22-cv-02254) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. March 30, 2023 Before: KRAUSE, PORTER, and MONTGOMERY-REEVES, Circuit Judges (Opinion filed: April 12, 2023) _________ OPINION * _________ PER CURIAM Jonathan Davey, proceeding pro se, petitions for a writ of mandamus to compel the United States District Court for the District of New Jersey to adjudicate his petition for habeas corpus. By order entered on March 20, 2023, the District Court denied his habeas petition and closed the case. In light of the District Court’s action, Davey’s This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. * mandamus petition no longer presents a live controversy. Therefore, we will dismiss it 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.”). 2

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