Third Circuit disposition — 213102np-pdf

213102np-pdfCourt of Appeals for the Third CircuitDec 21, 2021

Full text

HLD-002 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 21-3102
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In re: GEORGE X,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the District of Delaware
(Related to Civ. No. 1-21-cv-00499)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
November 23, 2021
Before: CHAGARES1, Chief Judge, PORTER and FUENTES, Circuit Judges
(Opinion filed: December 21, 2021)
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OPINION*
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PER CURIAM
In November 2021, pro se petitioner George X filed a mandamus petition
requesting that we direct the United States District Court for the District of Delaware to
order service of process under 28 U.S.C. § 1915(d). However, after he filed his
1 Honorable Michael A. Chagares, United States Circuit Judge for the Third Circuit,
assumed Chief Judge status on December 4, 2021.
* 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
mandamus petition, the District Court entered an opinion and order dismissing his
complaint under § 1915(e)(2)(B). In light of the District Court’s action, this 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.”).2
2 The petitioner’s motion to amend the caption to refer to him as ‘George X’ is granted,
and the Clerk is directed to amend the caption.

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