David James Ward v. , 670 F. App'x 754 ( 2016 )

DLD-027 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 16-3932
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IN RE: DAVID JAMES WARD,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to D.N.J. Civ. No. 2-16-cv-04101)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
October 27, 2016
Before: CHAGARES, VANASKIE and KRAUSE, Circuit Judges
(Opinion filed: November 23, 2016)
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OPINION*
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PER CURIAM
In July 2016, David James Ward filed a motion pursuant to 28 U.S.C. § 2255 in
the District of New Jersey. In September 2016, Ward filed a motion for summary
judgment. By order and opinion entered on October 18, 2016, the District Court
dismissed Ward’s § 2255 motion for lack of jurisdiction, and declined to issue a
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
certificate of appealability. Ward now seeks a writ of mandamus, directing the District
Court to rule on his motion for summary judgment. Because the District Court has
already dismissed Ward’s § 2255 motion, we will deny as moot his petition for a writ of
mandamus. See In re Austrian & German Holocaust Litig., 250 F.3d 156, 162-63 (2d
Cir. 2001) (per curiam) (mandamus petition requesting that court of appeals compel
district court action generally may be dismissed as moot upon district court’s entry of
final order).
constitute binding precedent.
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