Raymond Winchester v. ( 2020 )

ALD-296 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 20-2511
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IN RE: RAYMOND WINCHESTER,
Petitioner
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On Petition for Writ of Mandamus from the
United States District Court for the District of Delaware
(Related to D. Del. Civ. No. 1:18-cv-01458)
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Submitted Pursuant to Fed. R. App. P. 21
September 3, 2020
Before: MCKEE, SHWARTZ and PHIPPS, Circuit Judges
(Opinion filed: October 5, 2020)
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OPINION *
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PER CURIAM
Raymond Winchester, proceeding pro se, has filed a petition for a writ of
mandamus to compel the United States District Court for the District of Delaware to
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
adjudicate his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We will
dismiss the mandamus petition as moot.
In 2018, Winchester filed a habeas petition in the District Court. Winchester has
petitioned this Court twice for mandamus relief based on alleged delay in the District
Court proceedings without success. See C.A. Nos. 19-2037, 20-2074. On June 17, 2020,
the District Court issued an opinion and order denying habeas relief. Winchester filed an
appeal, which is pending. See C.A. No. 20-2513.
On July 15, 2020, Winchester submitted this mandamus petition, which we
construe as asking us to direct the District Court to adjudicate his habeas petition.
Winchester also filed a collection of documents in this Court. He included a July 7,
2020, letter by the District Court Clerk responding to his request for the status of his
habeas case. The letter stated that his case was pending. To the extent this letter may
have prompted the filing of the mandamus petition, there is no question that the District
Court has adjudicated Winchester’s habeas petition. On July 29, 2020, the District Court
Clerk sent Winchester another letter stating that his case is closed and that his appeal is
pending. Winchester’s request for a writ of mandamus compelling a decision by the
District Court is moot.
Accordingly, we will dismiss Winchester’s mandamus petition.
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