Third Circuit disposition — 201129np-pdf

BLD-166 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 20-1129
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IN RE: STUART J. PROPER,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Western District of Pennsylvania
(Related to W.D. Pa. Civ. No. 1:17-cv-00208)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
April 16, 2020
Before: AMBRO, GREENAWAY, Jr., and BIBAS, Circuit Judges
(Opinion filed: April 29, 2020)
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OPINION*
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PER CURIAM
In March 2020, Pennsylvania state prisoner Stuart Proper, proceeding pro se, filed
an amended petition for a writ of mandamus, asking us to direct United States Magistrate
Judge Richard A. Lanzillo to rule on Proper’s pending habeas petition.1 On April 9,
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
1 Proper submitted his original mandamus petition to us in January 2020. No action was

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2
2020, Magistrate Judge Lanzillo, who was presiding over the matter with the consent of
the parties, see 28 U.S.C. § 636(c)(1), entered an order denying that habeas petition.
Because Proper has now obtained the relief that he seeks in his amended mandamus
petition, we will dismiss this amended 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.”).
taken on the petition at that time because he had not provided a copy to Magistrate Judge
Lanzillo. See Fed. R. App. P. 21(a)(1) (setting forth this requirement). Instead of curing
this defect, Proper elected to file an amended mandamus petition (he told the Clerk of this
Court to disregard his original petition), and he duly provided Magistrate Judge Lanzillo
with a copy of this amended petition.

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