Lamar Macon v.

U.S. Court of Appeals for the Third Circuit

Lamar Macon v.

Opinion

HLD-008 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 19-2310 ___________

IN RE: LAMAR MACON, Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. 18-cv-03943) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. August 8, 2019 Before: Chief Judge SMITH, AMBRO AND ROTH, Circuit Judges

(Opinion filed October 3, 2019) _________

OPINION* _________

PER CURIAM

In June 2019, Lamar Macon filed this pro se mandamus petition requesting that

the District Court be compelled to rule on his motion to reopen in his postconviction

proceedings filed under

28 U.S.C. § 2255

. When Macon filed this mandamus petition,

his motion had been pending for over a year. However, on September 10, 2019, the

District Court entered an opinion and order denying, without prejudice, Macon’s motion

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. to reopen. 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Unpublished