Free USCA Letter to District Court Clerk - District Court of Delaware - Delaware

Case 1:06-cv-00001-GMS

Document 48-3

Filed 11/16/2006

Page 1 of 2

HLD-6 (October 2006)

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 06-4004 ________________ IN RE: JAMES RILEY, Petitioner ____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to Civ. No. 06-cv-00001) ____________________________________ Submitted Under Rule 21, Fed. R. App. P. October 13, 2006 Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges. (Filed November 15, 2006)

_______________________ OPINION _______________________ PER CURIAM Pro se petitioner James Riley seeks a writ of mandamus to compel the United States District Court for the District of Delaware to rule immediately on his motion for preliminary injunction/temporary restraining order filed July 18, 2006.1

Petitioner seeks an order directing the District Court to grant his preliminary injunction/temporary restraining order. Because such relief is beyond the scope of the relief available under 28 U.S.C. § 1651(a), we construe the petition instead, as seeking an

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Case 1:06-cv-00001-GMS

Document 48-3

Filed 11/16/2006

Page 2 of 2

On October 27, 2006, the District Court entered an order denying Riley's motion for preliminary injunction/temporary restraining order. Because Riley has now received the relief he sought in filing his mandamus petition ­ a ruling on that motion­ we will deny his mandamus petition as moot.

order that directs the District Court to rule immediately on the motion for preliminary injunction/temporary restraining order. 2