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In re Jacobs

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Sep 28, 2017
No. 17-2630 (3d Cir. Sep. 28, 2017)

Opinion

No. 17-2630

09-28-2017

IN RE: DENNIS JACOBS, Petitioner


*AMENDED
HLD-008

NOT PRECEDENTIAL

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. 3-15-cv-04826) Submitted Pursuant to Rule 21, Fed. R. App. P.
August 24, 2017 Before: SMITH, Chief Judge, MCKEE and RENDELL, Circuit Judges OPINION PER CURIAM

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

Pro se petitioner, Dennis Jacobs, seeks a writ of mandamus to compel the District Court to rule on a motion he filed pursuant to 28 U.S.C. § 2255. In an Opinion and an Order entered on September 15, 2017, the District Court denied the motion and declined to issue Jacobs a certificate of appealability. 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.").

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


Summaries of

In re Jacobs

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Sep 28, 2017
No. 17-2630 (3d Cir. Sep. 28, 2017)
Case details for

In re Jacobs

Case Details

Full title:IN RE: DENNIS JACOBS, Petitioner

Court:UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Date published: Sep 28, 2017

Citations

No. 17-2630 (3d Cir. Sep. 28, 2017)