Opinion
23-1080
10-11-2023
IN RE: FELIX CRUZ, Petitioner
NOT PRECEDENTIAL
Submitted Pursuant to Rule 21, Fed. R. App. P. February 2, 2023
On a Petition for Writ of Mandamus from the United States District Court for the District of the Virgin Islands (Related to Crim. No. 1:04-cr-00105-004)
Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges
OPINION [*]
PER CURIAM
On January 4, 2023, Petitioner Felix Cruz filed a pro se petition for a writ of mandamus asking this Court to order the District Court to act on his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence, and other pending motions. By order entered March 8, 2023, a Magistrate Judge ruled on Cruz's miscellaneous motions, and on July 18, 2023, the District Court granted in part and denied in part his § 2255 motion.
In light of these actions, Cruz's mandamus petition no longer presents a live controversy. Therefore, we will dismiss it as moot. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that . . . prevent a court from being able to grant the requested relief, the case must be dismissed as moot.").
[*] This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.