In re: Dennever Livingston

Filing

PER CURIAM OPINION Coram: FUENTES, KRAUSE and SCIRICA, Circuit Judges. Total Pages: 2.--[Edited 02/19/2016 by CRG]

Case: 15-4050

Document: 003112212031

Page: 1

BLD-142

Date Filed: 02/19/2016

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-4050
___________
IN RE: DENNEVER LIVINGSTON,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to M.D. Pa. No. 1-15-cv-00150)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
February 11, 2016
Before: FUENTES, KRAUSE and SCIRICA, Circuit Judges
(Filed: February 19, 2016)
_________
OPINION*
_________

PER CURIAM
Pro se petitioner Dennever Livingston, a federal prisoner, filed a petition for a writ
of mandamus pursuant to 28 U.S.C. § 1651, seeking an order directing the United States
District Court for the Middle District of Pennsylvania to act on his pending petition for a
writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. Livingston’s petition had
originally been filed in the United States District Court for the Eastern District of

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

Case: 15-4050

Document: 003112212031

Page: 2

Date Filed: 02/19/2016

Virginia as a motion to vacate his sentence filed pursuant to 28 U.S.C. § 2255, after
which it was transferred to the Middle District of Pennsylvania in January 2015.
On December 29, 2015, the District Court issued an order to show cause directing
the government to respond to the habeas petition. The District Court has since granted a
motion that Livingston filed seeking to amend his petition, and the government’s motion
for an extension of time to respond to the petition.
In a letter dated January 21, 2016, Livingston requested that this Court dismiss his
petition for mandamus or otherwise dispose of the matter as law and justice require.
Because Livingston has now received the relief he sought, we will dismiss the petition as
moot.

2