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IN RE: Evaristo Serrano VARGAS (2018)

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United States Court of Appeals, Third Circuit.

IN RE: Evaristo Serrano VARGAS, Petitioner

No. 18-2104

Decided: June 12, 2018

Before: JORDAN, SHWARTZ and KRAUSE, Circuit Judges Evaristo Serrano Vargas, Pro Se J. Justin Blewitt, Jr., Esq., Office of United States Attorney, Scranton, PA, Kate L. Mershimer, Esq., Office of United States Attorney, Harrisburg, PA, for Defendant-Respondent


Evaristo Serrano Vargas filed a petition for writ of mandamus requesting that we direct the District Court to rule on a petition that he had filed pursuant to 28 U.S.C. § 2241. The District Court has since ruled on Serrano Vargas’s § 2241 petition. In light of the District Court’s action, the question Serrano Vargas presented is no longer a live controversy, so we will dismiss his mandamus petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir. 1992).


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