HLD-110 (March 2010) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 10-1571
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IN RE: TORMU E. PRALL,
Petitioner
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On Petition for a Writ of Mandamus from the
United States District Court for the
District of New Jersey
(Related to D.N.J. Crim. No. 08-mj-01127)
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Submitted Under Rule 21, Fed. R. App. P.
March 31, 2010
Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges.
(Opinion filed; April 21, 2010)
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OPINION
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PER CURIAM.
Tormu E. Prall, an inmate in the State of New Jersey, seeks a writ of
mandamus that would compel the United States District Court for the District of New
Jersey to
declare and take notice under F.R.E. 201 that: (a) Counts I
and II prohibit application of [18 U.S.C.] § 1073 to the
plaintiff; (b) no arrest warrant exists against the plaintiff in
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Morrisville, Pennsylvania ...; and (c) police in Massachusetts
and Rhode Island falsely charged plaintiff with crimes once
they learned he passed through those states.
Mandamus Pet. at Prayer for Relief.
Prall was charged in the District of New Jersey by Criminal Complaint in
August 2008 with violating 18 U.S.C. § 1073 by traveling across state lines to avoid
prosecution in Mercer County, New Jersey, on a charge of homicide. (See D.N.J. Crim.
No. 08-mj-01127.) However, on September 24, 2008, the District Court granted the
government’s motion to dismiss the Criminal Complaint and closed the case. (See id. at
docket # 3.)
“Before a writ of mandamus may issue, a party must establish that (1) no
other adequate means exist to attain the relief he desires, (2) the party’s right to issuance
of the writ is clear and indisputable, and (3) the writ is appropriate under the
circumstances.” Hollingsworth v. Perry, 130 S. Ct. 705, 710 (2010) (per curiam)
(quotation marks and punctuation omitted).
Because the criminal proceeding in the District of New Jersey has been
dismissed, there is no basis for Prall’s mandamus request. We will deny the petition.
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