Third Circuit disposition — 242223np-pdf

CLD-162 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 24-2223
___________
IN RE: PAUL E. PAVULAK,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the District of Delaware
(Related to D.C. Civil Action No. 1:09-cr-00043-001)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
August 1, 2024
Before: KRAUSE, FREEMAN, and SCIRICA, Circuit Judges
(Opinion filed August 26, 2024)
_________
OPINION*
_________
PER CURIAM
Federal prisoner Paul Pavulak petitions pro se for a writ of mandamus directing
the United States District Court for the District of Delaware to rule on his motion filed
* 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
pursuant to Federal Rule of Civil Procedure 60(d)(3). 3d Cir. Dkt. No. 1-3, at 3, 11. On
June 28, 2024 (after Pavulak prepared his mandamus petition1), the District Court
dismissed his Rule 60(d)(3) motion for lack of jurisdiction, concluding that the motion
constituted an unauthorized second or successive 28 U.S.C. § 2255 motion.2 Dist. Ct.
Dkt. No. 216. Now that the District Court has issued its decision, Pavulak’s mandamus
petition no longer presents a live controversy, and thus we will dismiss the petition 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.”). To the extent that Pavulak seeks a hearing
in this mandamus action, 3d Cir. Dkt. No. 1-3, at 11, that request is denied.
1 Pavulak’s mandamus petition is dated June 15, 2024, but we did not receive it until July
5, 2024. 3d Cir. Dkt. No. 1-3, at 12-13.
2 Pavulak has appealed from that decision. Dist. Ct. Dkt. No. 217. That appeal is
pending before this Court at C.A. No. 24-2313.

-- 2 of 2 --