David James Ward v., No. 16-3932 (3d Cir. 2016)
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DLD-027 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 16-3932 ___________ IN RE: DAVID JAMES WARD, Petitioner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. 2-16-cv-04101) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. October 27, 2016 Before: CHAGARES, VANASKIE and KRAUSE, Circuit Judges (Opinion filed: November 23, 2016) _________ OPINION* _________ PER CURIAM In July 2016, David James Ward filed a motion pursuant to 28 U.S.C. § 2255 in the District of New Jersey. In September 2016, Ward filed a motion for summary judgment. By order and opinion entered on October 18, 2016, the District Court dismissed Ward’s § 2255 motion for lack of jurisdiction, and declined to issue a * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not certificate of appealability. Ward now seeks a writ of mandamus, directing the District Court to rule on his motion for summary judgment. Because the District Court has already dismissed Ward’s § 2255 motion, we will deny as moot his petition for a writ of mandamus. See In re Austrian & German Holocaust Litig., 250 F.3d 156, 162-63 (2d Cir. 2001) (per curiam) (mandamus petition requesting that court of appeals compel district court action generally may be dismissed as moot upon district court’s entry of final order). constitute binding precedent. 2
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