In Re: Michael Ingalls, Jr. v.

U.S. Court of Appeals for the Third Circuit

In Re: Michael Ingalls, Jr. v.

Opinion

HLD-007 (Revised) NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 18-2292 ___________

In re: MICHAEL A. INGALLS, JR., Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to Civ. No. 1-15-cv-05495) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. August 23, 2018 Before: SMITH, Chief Judge, CHAGARES and BIBAS, Circuit Judges

(Opinion filed: September 13, 2018) _________

OPINION * _________

PER CURIAM

In June 2018, pro se petitioner Michael Ingalls filed a mandamus petition

requesting that we direct the United States District Court for the District of New Jersey to

rule on his motion to vacate the Court’s denial of his

28 U.S.C. § 2255

motion. However,

after Ingalls filed his mandamus petition, the District Court entered an opinion and order

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. denying his motion. In light of the District Court’s action, this mandamus petition no

longer presents a live controversy. Therefore, we will dismiss it as moot. See Blanciak

v. Allegheny Ludlum Corp.,

77 F.3d 690, 698-99

(3d Cir. 1996) (“If developments occur

during the course of adjudication that eliminate a plaintiff's personal stake in the outcome

of a suit or prevent a court from being able to grant the requested relief, the case must be

dismissed as moot.”).

2

Reference

Status
Unpublished