Opinion
No. 97-3461
Decided April 15, 1998
Robert W. Pope, Pope Henninger, P.A., St. Petersburg, FL, for Petitioner.
Robert A. Butterworth, Atty. Gen., Michele Jana Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tampa, FL, for United States.
On Petition for Writ of Mandamus to the United States District Court for the Middle District of Florida.
BEFORE: HATCHETT, Chief Judge, BLACK and CARNES, Circuit Judges.
This matter is before this court on a "suggestion of mootness" filed by the District Judge, and on Respondent Singletary's "motion to withdraw March 10, 1998 opinion for mootness." Both pleadings show that five days before this court's published order issued, the district judge resolved Petitioner's habeas corpus petition, thus mooting the present petition for writ of mandamus. Unfortunately, none of the parties to this action informed this court of the existence of the March 5, 1998 order until April 13, 1998, more than a month after this court's order issued.
As this petition was moot when this court issued its 3/10/98 order, that order, published at 136 F.3d 1279, and the writ of mandamus itself, are RECALLED AND VACATED. See Gomez v. United States District Court, 966 F.2d 463 (9th Cir. 1992).