Caleb McGillvary v., 24-1129

Caleb McGillvary filed a federal habeas petition in June 2022, which was ready for a decision by May 2023.
The habeas case was assigned to Judge Christine O’Hearn in August 2023.
McGillvary filed a separate civil action against Judge O’Hearn and others in November 2023, then sought Judge O’Hearn’s recusal from his habeas case.
Judge O’Hearn administratively closed (paused) the habeas proceeding in January 2024, pending resolution of the civil suit.
McGillvary petitioned for a writ of mandamus to require prompt resolution of his habeas petition and recusal of Judge O’Hearn.
While the mandamus petition was pending, the habeas case was reassigned to a judge outside the District of New Jersey.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Recusal and reassignment of Judge O’Hearn	Judge O’Hearn should be recused and case reassigned	Not specified	Denied as moot—request already granted
Prompt resolution of habeas petition	Court’s delay justifies mandamus for prompt action	Not specified	Denied—petition is now reassigned for disposition
Is mandamus appropriate to compel district court action	Delay is equivalent to a failure to exercise power	Not specified	Denied—extraordinary relief not warranted

Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690 (3d Cir. 1996) (a case is moot if intervening events prevent granting relief)
Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985) (mandamus is an extraordinary remedy only granted in rare circumstances)
In re Fine Paper Antitrust Litig., 685 F.2d 810 (3d Cir. 1982) (courts have discretion in managing their dockets)
Madden v. Myers, 102 F.3d 74 (3d Cir. 1996) (mandamus may be appropriate for extreme delay amounting to failure to exercise jurisdiction)
Kerr v. U.S. Dist. Court, 426 U.S. 394 (1976) (mandamus requires no other adequate means of relief and a clear right to relief)