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IN RE: Jong SHIN (2018)

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United States Court of Appeals, Third Circuit.

IN RE: Jong SHIN, Petitioner

No. 18-1572

Decided: April 19, 2018

Before: SMITH, Chief Judge, CHAGARES, and BIBAS, Circuit Judges Jong Shin, Pro Se Diana V. Carrig, Esq., Office of United States Attorney, Camden, NJ, Mark E. Coyne, Esq., Office of United States Attorney, Newark, NJ, for Defendant-Respondent


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 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).


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