Charles Smith v., No. 18-2654 (3d Cir. 2018)

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BLD-309 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-2654 ___________ In re: CHARLES E. SMITH, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to Civ. No. 1-17-cv-02339) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. September 13, 2018 Before: RESTREPO, BIBAS and NYGAARD, Circuit Judges (Opinion filed: September 21, 2018) _________ OPINION* _________ PER CURIAM Pro se petitioner Charles Smith has filed a petition for writ of mandamus requesting that we direct the United States District Court for the Middle District of Pennsylvania to rule on his 28 U.S.C. § 2241 petition. However, on March 23, 2018— months before Smith filed this mandamus petition—the District Court dismissed the § 2241 petition. Smith thus has not shown an “injury in fact” that will likely “be * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. redressed by a favorable decision” from this Court, Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992) (quotation marks omitted), and we will therefore dismiss his petition for lack of jurisdiction.1 Smith’s motions to proceed in forma pauperis and to be relieved from filing his prisonaccount statement are granted. 2 1

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