Opinion
23-1877
08-04-2023
IN RE: ANGEL RODRIGUEZ, Petitioner
NOT PRECEDENTIAL
Submitted Pursuant to Rule 21, Fed. R. App. P. May 25, 2023
On a Petition for Writ of Mandamus from the District Court of the Virgin Islands (Related to D.V.I. Crim. No. 1:04-cr-00105-003)
Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges
OPINION [*]
PER CURIAM
Angel Rodriguez filed a petition for writ of mandamus requesting that we direct the District Court to rule on his motion under 28 U.S.C. § 2255. The District Court has since ruled on Rodriguez's motion. In light of the District Court's action, the question Rodriguez presented is no longer a live controversy, so we will dismiss his mandamus petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir. 1992); see also Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot." (citation omitted)).
[*] This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.