In re: Alton D. Brown, et al

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NOT PRECEDENTIAL PER CURIAM OPINION Coram: SMITH, Chief Judge, MCKEE and FUENTES, Circuit Judges. Total Pages: 2. RESUBMIT HLD-003.

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Case: 16-2749 Document: 003112564751 Page: 1 RESUBMIT HLD-003 Date Filed: 03/16/2017 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 16-2749 ___________ IN RE: ALTON D. BROWN, Petitioner ____________________________________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. Civ. No. 3-14-cv-01180) ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. February 13, 2017 Before: SMITH, Chief Judge, McKEE and FUENTES, Circuit Judges (Opinion filed: March 16, 2017) _________ OPINION* _________ PER CURIAM Alton D. Brown filed a petition for writ of mandamus requesting that we direct the District Court to rule on a request for an opportunity to appeal the District Court’s dismissal order in Brown v. Lancaster, M.D. Pa. Civ. No. 3:14-cv-01180. The District Court has since ruled on Brown’s filing. In light of the District Court’s action, the question Brown presented is no longer a live controversy, so we will dismiss his * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Case: 16-2749 Document: 003112564751 Page: 2 Date Filed: 03/16/2017 mandamus petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir. 1992). 2

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