Richard Stewart v., No. 21-2851 (3d Cir. 2021)

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DLD-030 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 21-2851 ___________ IN RE: RICHARD STEWART, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to M.D. Pa. Civ. No. 3:20-cv-00803) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. November 18, 2021 Before: KRAUSE, MATEY and PHIPPS, Circuit Judges (Opinion filed: December 8, 2021) _________ OPINION* _________ PER CURIAM Richard Stewart filed a pro se petition for a writ of mandamus requesting that we compel the District Court to rule, in his favor, on a petition he filed under 28 U.S.C. § 2241. The District Court has since denied the § 2241 petition by order entered October * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 13, 2021, and Stewart has appealed. See C.A. No. 21-2980. In light of the District Court’s action, this mandamus petition does not present a live controversy. Therefore, we will dismiss it as moot. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 69899 (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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