Third Circuit disposition — 082459np-pdf

The order granted the State of Delaware’s Motion For Relief From Consent1
Decree. The Consent Decree, entered on October 4, 1982, stemmed from a class action
law suit relating to prison conditions and disciplinary procedures at the Delaware
Correctional Center.
HLD-121 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
__________
No. 08-2459
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IN RE: ROLLIN LEE LAUB,
Petitioner
___________________________________________
On Petition for Writ of Mandamus from the
United States District Court for the District of Delaware
(D.C. Civ. No. 01-78-cv-00014)
___________________________________________
Submitted Under Rule 21, Fed. R. App. P.
May 30, 2008
Beforet: SCIRICA, Chief Judge, ALDISERT and GARTH, Circuit Judges
(Filed: June 25, 2008)
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OPINION OF THE COURT
________________
PER CURIAM.
Rollin Lee Laub is a state prisoner currently incarcerated in Delaware. On March
19, 2008 Laub filed a motion pursuant to Federal Rule of Civil Procedure 60(b)(4)
seeking relief from the District Court’s March 16, 2006 Order. Laub originally filed a1

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Laub also maintains that the District Court lacked jurisdiction to act while his2
mandamus petition was pending. We are aware of no authority that supports this
contention.
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petition for a writ of mandamus requesting that this Court compel the District Court to
rule on his motion. On May 28 the District Court order defendants to respond to Laub’s
60(b)(4) motion and defendants filed a response on June 7. Because Laub has now
received the relief he sought in filing his mandamus petition – action on his motion by the
District Court – we will deny his mandamus petition as moot. Laub, in his latest filing,2
requests that we vacate the District Court’s March 16 order. Such a request is not proper
for a mandamus petition. See In re Chambers Dev. Co. 148 F.3d 214, 226 (“mandamus is
not a substitute for appeal and a writ of mandamus will not be granted if relief can be
obtained by way of our appellate jurisdiction.”)
Accordingly, we will deny the mandamus petition as moot.

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