Opinion
No. 17-1691
05-09-2017
IN RE: PAUL GENE ROCKWOOD, JR., Petitioner
CLD-209
NOT PRECEDENTIAL
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 PER CURIAM
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. --------
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 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).