CLD-071 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 10-4542
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IN RE: JOHN T. PICKERING-GEORGE
(ADOPTED) JOHN R. DALEY, JR.,
Petitioner
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Petition for Writ of Mandamus from the
District Court of the Virgin Islands
(Related to D.V.I. Civil No. 10-cv-00079)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
December 16, 2010
Before: RENDELL, FUENTES and SMITH, Circuit Judges
(Opinion filed January 6, 2011)
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OPINION OF THE COURT
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PER CURIAM
John Pickering-George has filed a petition for a writ of mandamus in which he
complains about the “failure to docket” a civil action which he submitted to the District
Court of the Virgin Islands. For the following reasons, we will deny the petition.
Pickering-George alleges that he submitted a petition to the District Court in July
2010, but that the “court clerk’s office did not respond with a civil docket number nor the
status of the case.” Significantly, however, a search of the District Court’s electronic
docket indicates that Pickering-George’s action was filed on July 16, 2010. See
Pickering-George v. Dowdye, et al., No. 10-cv-00079. Therefore, to the extent
Pickering-George seeks an order directing the District Court clerk to docket his petition,
we will deny the mandamus petition as moot.
We recognize that, along with the complaint, Pickering George filed in the District
Court an application to proceed without prepaying fees or costs. He submitted another
such application in November 2010, along with requests for a docket number and a status
report. Although the District Court has not addressed any of Pickering-George’s filings,
we are confident that it will take appropriate action in the case expeditiously.1
1
The Clerk of this Court is directed to furnish Pickering-George with a copy of
the docket report in D.V.I. Civ. No. 10-cv-00079.
2