Third Circuit disposition — 231080np-pdf

HLD-005 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 23-1080
___________
IN RE: FELIX CRUZ,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
District Court for the District of the Virgin Islands
(Related to D.V.I. Crim. No. 1:04-cr-00105-004)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
February 2, 2023
Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges
(Opinion filed: October 11, 2023)
_________
OPINION*
_________
PER CURIAM
On January 4, 2023, Petitioner Felix Cruz filed a pro se petition for a writ of
mandamus asking this Court to order the District Court to act on his 28 U.S.C. § 2255
motion to vacate, set aside, or correct his sentence, and other pending motions. By order
entered March 8, 2023, a Magistrate Judge ruled on Cruz’s miscellaneous motions, and
on July 18, 2023, the District Court granted in part and denied in part his § 2255 motion.
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding
precedent.

-- 1 of 2 --

2
In light of these actions, Cruz’s 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 . . . prevent a court from being able to grant the requested relief, the case
must be dismissed as moot.”).

-- 2 of 2 --