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In re Nelson

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Oct 3, 2019
No. 19-2631 (3d Cir. Oct. 3, 2019)

Opinion

No. 19-2631

10-03-2019

IN RE: TERRELLE NELSON, Petitioner


AMENDED HLD-007

NOT PRECEDENTIAL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. 1-17-cv-05083) Submitted Pursuant to Rule 21, Fed. R. App. P.
August 8, 2019 Before: SMITH, Chief Judge, 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.

Terrelle Nelson filed a petition for a writ of mandamus to compel the District Court to rule on the proceedings relating to his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. By opinion and separate order entered September 6, 2019, the District Court denied Nelson's § 2255 motion, and dismissed as moot the pending motions. 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.").

After the District Court ruled, Nelson submitted a "Supplemental Memorandum in Support of Writ of Mandamus" in which he essentially challenges the District Court's disposition of his § 2255 claims and related motions. To the extent that he presents an additional argument for mandamus relief, we decline to grant relief because mandamus may not be used as a substitute for an appeal. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378-79 (3d Cir. 2005).

Because it appears from the "Supplemental Memorandum" that Nelson is expressing an intention to appeal, the Clerk of Court is directed to forward the document to the Clerk of the District Court for the District of New Jersey to be treated as a notice of appeal from the District Court order entered September 6, 2019, in D.N.J. Civ. No. 1-17-cv-05083. See 3d Cir. L.A.R. 3.4. We note that the document was placed in prison mail on September 17, 2019, and should be docketed as of that date.


Summaries of

In re Nelson

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Oct 3, 2019
No. 19-2631 (3d Cir. Oct. 3, 2019)
Case details for

In re Nelson

Case Details

Full title:IN RE: TERRELLE NELSON, Petitioner

Court:UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Date published: Oct 3, 2019

Citations

No. 19-2631 (3d Cir. Oct. 3, 2019)