Opinion
No. 19-2310
10-03-2019
IN RE: LAMAR MACON, Petitioner
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NOT PRECEDENTIAL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. 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 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. --------
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 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.").