Strunk V Dos - Dc App 08-5503 - Order Denying Reconsideration

Case: 08-5503

Document: 1192932

Filed: 06/24/2009

Page: 1

United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT

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No. 08-5503

September Term 2008 Filed On: June 24, 2009

In re: Christopher Earl Strunk, Petitioner

BEFORE:

Sentelle, Chief Judge, and Ginsburg and Tatel, Circuit Judges ORDER

Upon consideration of the motion to restore the petition for a writ of mandamus, construed as a motion for reconsideration, it is ORDERED that the motion for reconsideration be denied. Petitioner’s mandamus petition sought an order requiring the district court to expedite consideration of his motion for leave to file a complaint in forma pauperis. The court properly dismissed the petition as moot after the district court granted the relief petitioner requested by granting him in forma pauperis status and docketing his complaint. See Pharmachemie B.V. v. Barr Labs., Inc., 276 F.3d 627, 631 (D.C. Cir. 2002) (“The mootness doctrine limits Article III courts to deciding ‘actual, ongoing controversies.’”). Petitioner now claims that his original mandamus petition is not moot, but he seeks different relief, namely, an order requiring the district court to consider his request for recusal. To the extent petitioner seeks relief not requested in his original petition, petitioner must file a separate petition for a writ of mandamus to bring the matter properly before the court. Per Curiam