C. Mos-Bey v. ( 2022 )

ALD-013 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 22-2367
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IN RE: C. JOSEPH MOS-BEY,
Petitioner
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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. 2:20-cv-20719)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
October 20, 2022
Before: HARDIMAN, RESTREPO, and BIBAS, Circuit Judges
(Opinion filed: October 27, 2022)
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OPINION*
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PER CURIAM
Pro se petitioner C. Joseph Mos-Bey seeks a writ of mandamus to compel the
District Court to rule on a petition he filed pursuant to 28 U.S.C. § 2254. By order
entered on August 31, 2022, the District Court dismissed his petition and declined to
issue a certificate of appealability. In light of the District Court’s action, Mos-Bey’s
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
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.”).
To the extent that Mos-Bey discusses the District Court’s decision in his
supplemental filings in this Court, mandamus is not a substitute for appeal. See Cheney v.
U.S. Dist. Court, 542 U.S. 367, 380-81 (2004). If Mos-Bey wishes to seek appellate
review of the District Court’s decision with respect to his habeas petition, he may file a
notice of appeal in the District Court within the time period set forth in Fed. R. App. P.
4(a)(1)(A).
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