George X. v. ( 2021 )

HLD-002 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 21-3102
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In re: GEORGE X,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of Delaware
(Related to Civ. No. 1-21-cv-00499)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
November 23, 2021
Before: CHAGARES1, Chief Judge, PORTER and FUENTES, Circuit Judges
(Opinion filed: December 21, 2021)
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OPINION*
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PER CURIAM
In November 2021, pro se petitioner George X filed a mandamus petition
requesting that we direct the United States District Court for the District of Delaware to
order service of process under 28 U.S.C. § 1915(d). However, after he filed his
1
Honorable Michael A. Chagares, United States Circuit Judge for the Third Circuit,
assumed Chief Judge status on December 4, 2021.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
mandamus petition, the District Court entered an opinion and order dismissing his
complaint under § 1915(e)(2)(B). In light of the District Court’s action, this 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 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.”).2
2
The petitioner’s motion to amend the caption to refer to him as ‘George X’ is granted,
and the Clerk is directed to amend the caption.
2