Doherty Kushimo v. ( 2023 )

HLD-002 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 22-2740
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IN RE: DOHERTY KUSHIMO,
Petitioner
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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
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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)
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OPINION*
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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.”).
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