Jong Shin v.

HLD-004 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 18-1572
___________
IN RE: JONG SHIN,
Petitioner
____________________________________
On Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to D.N.J. No. 1-15-cv-07248)
____________________________________
Submitted Pursuant to Fed. R. App. P. 21
March 29, 2018
Before: SMITH, Chief Judge, CHAGARES, and BIBAS, Circuit Judges
(Opinion filed: April 19, 2018)
_________
OPINION*
_________
PER CURIAM
Pro se petitioner Jong Shin seeks a writ of mandamus to compel the District Court
to rule on a motion she filed pursuant to 28 U.S.C. § 2255. By order entered on April 11,
2018, the District Court denied her motion and declined to issue a certificate of
appealability. In light of the District Court’s action, Shin’s mandamus petition no longer
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7
does not constitute binding precedent.
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 Shin wishes to seek appellate review of the District Court’s decision with
respect to her § 2255 motion, she 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).
2