ALD-144 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 21-3228
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In re: MICHAEL RINALDI,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to M.D. Pa. Crim. Nos. 3:18-cr-00279-002 & 3:18-cr-00280-002)
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Submitted on the Government’s Motion to Dismiss and
Pursuant to Rule 21, Fed. R. App. P.
May 5, 2022
Before: JORDAN, RESTREPO and SCIRICA, Circuit Judges
(Opinion filed: May 18, 2022)
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OPINION*
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PER CURIAM
In M.D. Pa. Crim. No. 3:18-cr-00279-002, a federal jury found Michael Rinaldi
guilty of controlled-substance offenses. Rinaldi was sentenced to 235 months of
imprisonment. His direct appeal is pending. See C.A. No. 21-2419.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Recently, Rinaldi filed a petition for a writ of mandamus asking this Court to
direct the District Court to rule on a motion he had filed in the related case of M.D. Pa.
Crim. No. 3:18-cr-00280-002. That motion sought return of property—specifically,
$18,010 in United States currency—seized by law enforcement during a traffic stop of
one of Rinaldi’s co-defendants.
After the District Court ruled on Rinaldi’s motion to return property, the
Government filed a motion in this Court seeking dismissal of Rinaldi’s mandamus
petition on mootness grounds. Rinaldi was directed to respond to the Government’s
motion within fourteen days, but he failed to do so.
The Government’s argument for dismissal of Rinaldi’s mandamus petition is,
under the circumstances, sound. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690,
698-99 (3d Cir. 1996) (noting that “[i]f developments occur during the course of
adjudication that . . . prevent a court from being able to grant the requested relief, the case
must be dismissed as moot”). Accordingly, we will grant the Government’s motion to
dismiss.
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