Third Circuit disposition — 171691np-pdf

CLD-209 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 17-1691
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IN RE: PAUL GENE ROCKWOOD, JR.,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to M.D. Pa. Civ. No. 1-16-cv-00332)
District Court Judge: Yvette Kane
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Submitted Pursuant to Rule 21, Fed. R. App. P.
May 4, 2017
Before: SHWARTZ, NYGAARD, and FISHER, Circuit Judges
(Opinion filed: May 9, 2017)
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OPINION*
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PER CURIAM
In February 2016, Paul Gene Rockwood, Jr. filed a petition pursuant to 28 U.S.C.
§ 2241 in the United States District Court for the Middle District of Pennsylvania. By
order and memorandum entered on April 28, 2017, the District Court denied Rockwood’s
§ 2241 petition and declined to issue a certificate of appealability. Rockwood now seeks
a writ of mandamus directing the District Court to act on his § 2241 petition. Because 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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2
District Court has already denied Rockwood’s § 2241 petition, we will dismiss as moot
his petition for a writ of mandamus. See In re Austrian & German Holocaust Litig., 250
F.3d 156, 162-63 (2d Cir. 2001) (per curiam) (mandamus petition requesting that court of
appeals compel district court action generally may be dismissed as moot upon district
court’s entry of final order).

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