Born Rush v., No. 15-3029 (3d Cir. 2015)

Annotate this Case

Download PDF

*HLD-012 (Resubmit) NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 15-3029 ___________ In re: BORN ISLAM RUSH, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to No. 1-13-cv-04788) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. September 3, 2015 Before: McKEE, Chief Judge, GARTH and BARRY, Circuit Judges (Filed: November 16, 2015) _________ OPINION* _________ PER CURIAM Pro se petitioner Born Rush filed a petition for writ of mandamus requesting that we direct the District Court to rule upon his then-pending petition under 28 U.S.C. § 2241. Soon thereafter, the District Court disposed of Rush’s § 2241 petition, dismissing it in part and denying it in part. Because the District Court granted Rush the * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. relief he requested in his mandamus petition — a decision on his § 2241 petition — his mandamus petition has been rendered moot. See, e.g., Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996). Accordingly, we will dismiss Rush’s mandamus petition. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.