Third Circuit disposition — 153029np-pdf

153029np-pdfCourt of Appeals for the Third CircuitNov 16, 2015

Full text

*HLD-012 (Resubmit) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-3029
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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)
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OPINION*
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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.

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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.

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