BLD-078 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-3849
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IN RE: HECTOR HUERTAS,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Western District of Pennsylvania
(Related to W.D. Pa. Civ. No. 10-cv-00010)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
December 28, 2012
Before: SCIRICA, HARDIMAN and GREENAWAY, JR., Circuit Judges
(Opinion filed: January 10, 2013)
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OPINION
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PER CURIAM
Pro se petitioner Hector Huertas seeks a writ of mandamus to compel the United
States District Court for the Western District of Pennsylvania to rule upon cross-motions
for summary judgment in his 42 U.S.C. § 1983 action against the former Secretary of the
Pennsylvania Department of Corrections, Jeffrey Beard, and various officials employed
at SCI-Albion and SCI-Forest. We will deny the mandamus petition.
Huertas filed a complaint in District Court against the Defendants alleging
violations of his procedural due process and Eighth Amendment rights arising from his
continued confinement in segregation or restricted housing units in various state
correctional institutions. The Defendants moved for summary judgment; in response,
Huertas filed a motion for partial summary judgment. The Magistrate Judge
recommended that the Defendants’ motion be granted and that Huertas’s motion be
denied. Huertas filed objections to the Report and Recommendation. He then filed this
petition for a writ of mandamus, seeking an order to compel the District Court to decide
the motions.
On December 6, 2012, the District Court granted the Defendants’ motion for
summary judgment and denied Huertas’s motion for partial summary judgment. In light
of the District Court’s order, Huertas’s petition for a writ of mandamus is now moot.
Accordingly, we will deny the petition for a writ of mandamus.
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