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In re Fletcher

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Jan 25, 2019
No. 18-3603 (3d Cir. Jan. 25, 2019)

Opinion

No. 18-3603

01-25-2019

IN RE: ANTHONY FLETCHER, Petitioner


DLD-077

NOT PRECEDENTIAL

On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Civ. No. 2:10-cv-03188) Submitted Pursuant to Fed. R. App. P. 21
January 17, 2019 Before: JORDAN, GREENAWAY, JR. and NYGAARD, 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. --------

Pro se petitioner Anthony Fletcher seeks a writ of mandamus to compel the District Court to hold a hearing on a motion he filed regarding his appointed counsel in his underlying habeas proceedings in the District Court. Fletcher filed his mandamus petition in November 2018. By order entered December 3, 2018, the District Court denied his motion. In light of the District Court's action, Fletcher's request regarding his now-resolved motion is moot.

To the extent that Fletcher vaguely seeks "reassignment in the alternative," see Mandamus Petition at ECF p. 3, he has not demonstrated his entitlement to the extraordinary remedy of mandamus relief. See Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (per curiam) ("Before a writ of mandamus may issue, a party must establish that (1) no other adequate means [exist] to attain the relief he desires, (2) the party's right to issuance of the writ is clear and indisputable, and (3) the writ is appropriate under the circumstances.") (internal quotation marks omitted). Accordingly, we will dismiss Fletcher's petition.


Summaries of

In re Fletcher

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Jan 25, 2019
No. 18-3603 (3d Cir. Jan. 25, 2019)
Case details for

In re Fletcher

Case Details

Full title:IN RE: ANTHONY FLETCHER, Petitioner

Court:UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Date published: Jan 25, 2019

Citations

No. 18-3603 (3d Cir. Jan. 25, 2019)