In re: Eliston George

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: SMITH, MCKEE and FUENTES, Circuit Judges. Total Pages: 2. HLD-005

Case: 17-1129

Document: 003112613350

Page: 1

HLD-005

Date Filed: 05/04/2017

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 17-1129
___________
IN RE: ELISTON F. GEORGE,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
District Court of the Virgin Islands
(Related to D.V.I. Civ. No. 3-14-cv-00067)
____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.
February 23, 2017
Before: SMITH, CHIEF JUDGE, MCKEE and FUENTES, Circuit Judges
(Opinion filed: May 4, 2017)
_________
OPINION*
_________
PER CURIAM
Eliston F. George filed a petition for writ of mandamus requesting that we direct
the District Court to rule on his petition for a writ of audita querela. The District Court
has since ruled on George’s petition, and George has filed a notice of appeal. In light of
the District Court’s action, the question George presented is no longer a live controversy,

*

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

Case: 17-1129

Document: 003112613350

Page: 2

Date Filed: 05/04/2017

so we will dismiss his mandamus petition as moot. See, e.g., Lusardi v. Xerox Corp., 975
F.2d 964, 974 (3d Cir. 1992).

2