Felix Cruz v. ( 2023 )

HLD-005 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 23-1080
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IN RE: FELIX CRUZ,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of the Virgin Islands
(Related to D.V.I. Crim. No. 1:04-cr-00105-004)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
February 2, 2023
Before: CHAGARES, Chief Judge, HARDIMAN, and PHIPPS, Circuit Judges
(Opinion filed: October 11, 2023)
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OPINION *
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PER CURIAM
On January 4, 2023, Petitioner Felix Cruz filed a pro se petition for a writ of
mandamus asking this Court to order the District Court to act on his 28 U.S.C. § 2255motion to vacate, set aside, or correct his sentence, and other pending motions. By order
entered March 8, 2023, a Magistrate Judge ruled on Cruz’s miscellaneous motions, and
on July 18, 2023, the District Court granted in part and denied in part his § 2255 motion.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding
precedent.
In light of these actions, Cruz’s 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 . . . prevent a court from being able to grant the requested relief, the case
must be dismissed as moot.”).
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