In Re: Steven Dineen v.

479 F. App'x 447

• Court: Court of Appeals for the Third Circuit
• Decided: October 2, 2012
• Docket: 12-2956
• Status: Unpublished

Opinion

OPINION

PER CURIAM.

Steven Dineen filed this pro se mandamus petition requesting that we direct the District Court to act on his pending § 2255 motion. Subsequent to that filing, however, the District Court issued an order dismissing the § 2255 motion. Dineen’s request for a writ of mandamus is, therefore, 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.”); see also In re Austrian, German Holocaust Litigation, 250 F.3d 156, 162-63 (2d Cir.2001) (mandamus petition requesting that the court of appeals compel district court action generally may be dismissed as moot upon the district court’s entry of a final order).

Accordingly, we will dismiss this petition for writ of mandamus.