In Re. Fortune v., (3rd Cir. 2007)
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B L D -1 2 8 N O T PRECEDENTIAL
U N IT E D STATES COURT OF APPEALS
F O R THE THIRD CIRCUIT
N O . 06-4189
IN RE: KENNETH FORTUNE,
Petitioner
O n a Petition for Writ of Mandamus from the
U n ited States District Court for the Western District of Pennsylvania
(R e la te d to W.D. Pa. Civ. No. 04-cv-00377)
S u b m itte d Under Rule 21, Fed. R. App. P.
F e b ru a ry 16, 2007
B e f o re : MCKEE, FUENTES and WEIS, CIRCUIT JUDGES
(F ile d : March 7, 2007)
OPINION
P E R CURIAM. P r o se petitioner Kenneth Fortune seeks a writ of mandamus to compel the U n ite d States District Court for the Western District of Pennsylvania to reach an im m e d iate decision on his motion for contempt. F o r tu n e filed his motion for contempt on June 20, 2006, requesting that the D is tric t Court hold the defendants in contempt for their failure to waive service and file a tim e ly response to the complaint. On September 22, 2006, Fortune filed this petition s e e k in g a writ of mandamus.1 O n October 16, 2006, the District Court entered an order denying Fortune's m o tio n for contempt. Because Fortune has received the relief he sought in filing his m a n d a m u s petition a ruling on his motion for contempt we will deny his mandamus p e titio n as moot.
1 Fortune was subsequently granted leave to proceed in forma pauperis, after he had f ile d the requisite financial affidavit.
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