In re: Dennis Mayer

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: CHAGARES, VANASKIE and KRAUSE, Circuit Judges. Total Pages: 2. DLD-106

Case: 16-4205

Document: 003112532669

Page: 1

DLD-106

Date Filed: 02/07/2017

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 16-4205
___________
IN RE: DENNIS JAMES MAYER,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Western District of Pennsylvania
(Related to W.D. Pa. Civ. No. 1-15-cv-00232)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
January 19, 2017
Before: CHAGARES, VANASKIE and KRAUSE, Circuit Judges
(Opinion filed: February 7, 2017)
_________
OPINION*
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PER CURIAM
Pro se petitioner Dennis James Mayer seeks a writ of mandamus to compel the
United States District Court for the Western District of Pennsylvania to issue a final
appealable order in his federal habeas case. 1

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
1
We previously dismissed Mayer’s appeal of the Magistrate Judge’s Report and
Recommendation for lack of jurisdiction. See C.A. No. 16-3338.

Case: 16-4205

Document: 003112532669

Page: 2

Date Filed: 02/07/2017

By order entered on December 9, 2016, the District Court granted Respondents’
motion to dismiss, denied Mayer’s habeas petition, and declined to issue a certificate of
appealability. Because Mayer has now received the relief he requested in his mandamus
petition – a final, appealable order – we will dismiss his mandamus petition as moot. See
Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996).

2