Dennis Mayer v.

DLD-106 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 16-4205 ___________

IN RE: DENNIS JAMES MAYER, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to W.D. Pa. Civ. No. 1-15-cv-00232) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. January 19, 2017 Before: CHAGARES, VANASKIE and KRAUSE, Circuit Judges

(Opinion filed: February 7, 2017) _________

OPINION* _________

PER CURIAM

Pro se petitioner Dennis James Mayer seeks a writ of mandamus to compel the

United States District Court for the Western District of Pennsylvania to issue a final

appealable order in his federal habeas case. 1

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 We previously dismissed Mayer’s appeal of the Magistrate Judge’s Report and Recommendation for lack of jurisdiction. See C.A. No. 16-3338.  By order entered on December 9, 2016, the District Court granted Respondents’

motion to dismiss, denied Mayer’s habeas petition, and declined to issue a certificate of

appealability. Because Mayer has now received the relief he requested in his mandamus

petition – a final, appealable order – we will dismiss his mandamus petition as moot. See

Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996).

2