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IN RE: Charles E. SMITH (2018)

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United States Court of Appeals, Third Circuit.

IN RE: Charles E. SMITH, Petitioner

No. 18-2654

Decided: September 21, 2018

Before: RESTREPO, BIBAS and NYGAARD, Circuit Judges Charles E. Smith, Pro Se


Pro se petitioner Charles Smith has filed a petition for writ of mandamus requesting that we direct the United States District Court for the Middle District of Pennsylvania to rule on his 28 U.S.C. § 2241 petition. However, on March 23, 2018—months before Smith filed this mandamus petition—the District Court dismissed the § 2241 petition. Smith thus has not shown an “injury in fact” that will likely “be redressed by a favorable decision” from this Court, Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (quotation marks omitted), and we will therefore dismiss his petition for lack of jurisdiction.1


1.   Smith’s motions to proceed in forma pauperis and to be relieved from filing his prison-account statement are granted.


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