IN RE: Rahman R. FULTON (2020)

OPINION *

Pro se petitioner Rahman Fulton seeks a writ of mandamus to compel the District Court to rule on a motion he filed pursuant to 28 U.S.C. § 2255. By order entered on January 13, 2020, the District Court denied his motion and declined to issue a certificate of appealability. In light of the District Court’s action, Fulton’s 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 Fulton wishes to seek appellate review of the District Court’s decision with respect to his § 2255 motion, he 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).

PER CURIAM