Third Circuit disposition — 231335np-pdf

231335np-pdfCourt of Appeals for the Third CircuitApr 12, 2023

Full text

BLD-119 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 23-1335
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IN RE: JONATHAN DAVEY,
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. 1:22-cv-02254)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
March 30, 2023
Before: KRAUSE, PORTER, and MONTGOMERY-REEVES, Circuit Judges
(Opinion filed: April 12, 2023)
_________
OPINION*
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PER CURIAM
Jonathan Davey, proceeding pro se, petitions for a writ of mandamus to compel
the United States District Court for the District of New Jersey to adjudicate his petition
for habeas corpus. By order entered on March 20, 2023, the District Court denied his
habeas petition and closed the case. In light of the District Court’s action, Davey’s
* 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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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 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.”).

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