Lamar Macon v. ( 2019 )

HLD-008 NOT PRECEDENTIAL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