In re: Paul Rockwood, Jr.

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NOT PRECEDENTIAL PER CURIAM OPINION Coram: SHWARTZ, NYGAARD and FISHER, Circuit Judges. Total Pages: 2. CLD-209

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Case: 17-1691 Document: 003112617827 Page: 1 CLD-209 Date Filed: 05/09/2017 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-1691 ___________ IN RE: PAUL GENE ROCKWOOD, JR., Petitioner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. 1-16-cv-00332) District Court Judge: Yvette Kane ____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. May 4, 2017 Before: SHWARTZ, NYGAARD, and FISHER, Circuit Judges (Opinion filed: May 9, 2017) _________ OPINION* _________ PER CURIAM In February 2016, Paul Gene Rockwood, Jr. filed a petition pursuant to 28 U.S.C. § 2241 in the United States District Court for the Middle District of Pennsylvania. By order and memorandum entered on April 28, 2017, the District Court denied Rockwood’s § 2241 petition and declined to issue a certificate of appealability. Rockwood now seeks a writ of mandamus directing the District Court to act on his § 2241 petition. Because the * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Case: 17-1691 Document: 003112617827 Page: 2 Date Filed: 05/09/2017 District Court has already denied Rockwood’s § 2241 petition, we will dismiss as moot his petition for a writ of mandamus. See In re Austrian & German Holocaust Litig., 250 F.3d 156, 162-63 (2d Cir. 2001) (per curiam) (mandamus petition requesting that court of appeals compel district court action generally may be dismissed as moot upon district court’s entry of final order). 2

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