Background
Alvin Parker, proceeding pro se, filed a petition for a writ of mandamus asking the court to compel the district court to rule on his pending motion for relief under Federal Rule of Civil Procedure fifty-nine, subsection E. He subsequently filed a motion to dismiss his mandamus petition as moot, explaining that he had withdrawn his Rule fifty-nine, subsection E motion.
The court’s reasoning
The court granted the motion to dismiss the mandamus petition because the underlying issue was no longer pending. The court denied the motion for leave to proceed in forma pauperis.
What it means going forward
The mandamus petition is dismissed, leaving the district court’s handling of the Rule fifty-nine, subsection E motion unresolved by this appellate court.