Doherty Kushimo v.

• Court: Court of Appeals for the Third Circuit
• Decided: January 19, 2023
• Docket: 22-2740
• Status: Unpublished

Opinion

HLD-002 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________

No. 22-2740 ___________

IN RE: DOHERTY KUSHIMO, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to W.D. Pa. Crim. No. 1-14-cr-00012-001) District Judge: Honorable David S. Cercone ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. November 3, 2022 Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges

(Opinion filed January 19, 2023) _________

OPINION* _________

PER CURIAM

Doherty Kushimo, proceeding pro se, has filed a petition for a writ of mandamus

compelling the United States District Court for the Western District of Pennsylvania to

adjudicate his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A).

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. On December 30, 2022, the District Court denied Kushimo’s motion. In light of the

District Court’s action, Kushimo’s mandamus petition no longer presents a live

controversy. Accordingly, we will dismiss the petition 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 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.”).