Opinions of the United
2006 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


11-16-2006

In Re: James Riley
Precedential or Non-Precedential: Non-Precedential

Docket No. 06-4004




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Recommended Citation
"In Re: James Riley " (2006). 2006 Decisions. Paper 186.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/186


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HLD-6 (October 2006)                                           NOT PRECEDENTIAL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


       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
       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