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In re Rampert

Citation: 475 F. App'x 816Docket: No. 12-2713

Court: Court of Appeals for the Third Circuit; August 30, 2012; Federal Appellate Court

Narrative Opinion Summary

Eric Rampert petitions for a writ of mandamus to compel the United States District Court for the Middle District of Pennsylvania to make a ruling on his habeas corpus petition. The petition is dismissed as moot. Rampert filed his habeas corpus petition under 28 U.S.C. § 2241 in June 2011, to which the Commonwealth of Pennsylvania responded in August 2011. After filing a traverse, Rampert sought a writ of mandamus from this Court in June 2012, urging the District Court to issue a ruling. He also requested the appointment of counsel. The District Court ultimately denied his habeas petition on August 1, 2012. Consequently, the mandamus petition is deemed moot, leading to its dismissal. Additionally, the request for appointment of counsel is denied.

Legal Issues Addressed

Appointment of Counsel in Habeas Cases

Application: The request for appointment of counsel in the mandamus proceeding was denied, reflecting the court's discretion in appointing counsel for habeas petitioners.

Reasoning: He also requested the appointment of counsel. Additionally, the request for appointment of counsel is denied.

Habeas Corpus under 28 U.S.C. § 2241

Application: The habeas corpus petition filed by Rampert was addressed and denied by the District Court, concluding the need for further action on the petition itself.

Reasoning: Rampert filed his habeas corpus petition under 28 U.S.C. § 2241 in June 2011. The District Court ultimately denied his habeas petition on August 1, 2012.

Mandamus Relief

Application: The petition for a writ of mandamus is dismissed as moot because the District Court has already ruled on the habeas corpus petition.

Reasoning: The petition is dismissed as moot. Rampert sought a writ of mandamus from this Court in June 2012, urging the District Court to issue a ruling. The District Court ultimately denied his habeas petition on August 1, 2012.