In Re: Pargev Gazdhyan, Jr v. ( 2019 )

DLD-182 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 18-3657
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IN RE: PARGEV GAZDHYAN, JR.,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Civ. No. 2:17-cv-00218)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
May 9, 2019
Before: JORDAN, GREENAWAY, Jr., and NYGAARD, Circuit Judges
(Opinion filed August 20, 2019)
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OPINION*
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PER CURIAM
Pro se petitioner Pargev Gazdhyan seeks a writ of mandamus in connection with a
28 U.S.C. § 2255 motion he filed in the District Court. For the reasons that follow, we
will dismiss Gazdhyan’s mandamus petition as moot.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
1
In April 2018, Gazdhyan filed a motion to vacate, set aside, or correct his sentence
under § 2255 in the District Court. On December 11, 2018, Gazdhyan filed this
mandamus petition, asking that we direct the District Court to rule on his § 2255 motion
“in an expedited fashion.” Mandamus Petition, at 1. Just over one month later, on
January 23, 2019, the District Court issued a memorandum and order, denying
Gazdhyan’s § 2255 motion.
Because Gazdhyan has now obtained the relief he sought, an adjudication of his
§ 2255 motion, his mandamus petition is now moot. See Blanciak v. Allegheny Ludlum
Corp., 77 F.3d 690, 698–99 (3d Cir. 1996). We will therefore dismiss the petition.
2