Michelle Cantatore v. ( 2022 )

AMENDED HLD-001 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 21-2736
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IN RE: MICHELLE C. CANTATORE,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to D.N.J. Civ. No. 2-18-cv-14293)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
October 20, 2021
Before: CHAGARES, Chief Judge, PORTER and FUENTES, Circuit Judges
(Opinion filed: January 7, 2022)
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OPINION*
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PER CURIAM
In September 2018, Cantatore filed a motion to vacate sentence in the District
Court pursuant to 28 U.S.C. § 2255, alleging that her counsel provided ineffective
assistance at sentencing. In September 2021, Cantatore filed a petition for a writ of
mandamus pursuant to 28 U.S.C. § 1651 with this Court, alleging extraordinary delay in
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
the adjudication of her § 2255 motion and requesting that we direct the District Court to
rule on it. Subsequently, in an order entered November 24, 2021, the District Court
denied the § 2255 motion and declined to issue a certificate of appealability.
Accordingly, because Cantatore has obtained the relief she requested, the mandamus
petition will be dismissed as moot. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d
690, 698-99 (3d Cir. 1996) (noting that “[i]f 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”).
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