U.S. Court of Appeals for the Third Circuit, 2020

Rahman Fulton v.

Rahman Fulton v.
U.S. Court of Appeals for the Third Circuit · Decided January 27, 2020

Rahman Fulton v.

Opinion

DLD-090 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3992 ___________ IN RE: RAHMAN R. FULTON, Petitioner ____________________________________ On Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Crim. No. 2-13-cr-00261 & Civ. No. 2-18-cv-16526) ____________________________________ Submitted Pursuant to Fed. R. App. P. 21 January 16, 2020 Before: RESTREPO, PORTER, and NYGAARD, Circuit Judges (Opinion filed: January 27, 2020) _________ OPINION* _________ PER CURIAM Pro se petitioner Rahman Fulton seeks a writ of mandamus to compel the District Court to rule on a motion he filed pursuant to 28 U.S.C. § 2255. By order entered on January 13, 2020, the District Court denied his motion and declined to issue a certificate of appealability. In light of the District Court’s action, Fulton’s mandamus petition no

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

If Fulton wishes to seek appellate review of the District Court’s decision with respect to his § 2255 motion, he should file a notice of appeal in the District Court within the time period set forth in Fed. R. App. P. 4(a)(1)(B).

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