Filed: Oct. 30, 2018
Latest Update: Mar. 03, 2020
Summary: BLD-012 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-3214 _ IN RE: COREY LANE, Petitioner _ On a Petition for Writ of Mandamus from the United States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. 2-16-cv-08948) District Judge: Honorable John M. Vazquez _ Submitted Pursuant to Rule 21, Fed. R. App. P. October 18, 2018 Before: AMBRO, VANASKIE and KRAUSE, Circuit Judges (Opinion filed: October 30, 2018) _ OPINION* _ PER CURIAM Corey Lane
Summary: BLD-012 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-3214 _ IN RE: COREY LANE, Petitioner _ On a Petition for Writ of Mandamus from the United States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. 2-16-cv-08948) District Judge: Honorable John M. Vazquez _ Submitted Pursuant to Rule 21, Fed. R. App. P. October 18, 2018 Before: AMBRO, VANASKIE and KRAUSE, Circuit Judges (Opinion filed: October 30, 2018) _ OPINION* _ PER CURIAM Corey Lane ..
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BLD-012 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 18-3214
___________
IN RE: COREY LANE,
Petitioner
____________________________________
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. 2-16-cv-08948)
District Judge: Honorable John M. Vazquez
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
October 18, 2018
Before: AMBRO, VANASKIE and KRAUSE, Circuit Judges
(Opinion filed: October 30, 2018)
_________
OPINION*
_________
PER CURIAM
Corey Lane seeks a writ of mandamus, asking that we direct the District Court to
immediately rule on his “Motion for entering a Default under Rule 55(a)” dated May 1,
2018, and his “Motion for Entry of Judgment under Rule 55(b)” dated May 3, 2018. We
will deny his petition.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
First, in his mandamus petition, Lane states that he filed a motion for default on
May 1, 2018. That motion requested both entry of a default against the Defendant and
entry of a default judgment. The motion was docketed at number 102 as a “Motion for
Default Judgment as to The State of New Jersey,” and was denied on May 2, 2018. See
Docket #103 (order on motion). Thus, to the extent Lane asks us to direct the District
Court to rule on the May 1 motion, his request is moot. See County of Morris v.
Nationalist Movement,
273 F.3d 527, 533 (3d Cir. 2001).
Second, Lane states that he also filed a motion for entry of default judgment on
May 3, 2018. However, no motion was docketed on or about May 3. Because no such
motion is pending, Lane does not have a clear and indisputable right to a ruling. See
Hollingsworth v. Perry,
558 U.S. 183, 190 (2010) (per curiam) (explaining that one
requirement for obtaining a writ of mandamus is that “the party’s right to issuance of the
writ is clear and indisputable”) (internal quotation marks omitted). Further, Lane has
another adequate means to address his concern. See
id. (explaining that another
requirement for obtaining a writ of mandamus is a showing that the petitioner has “no
other means . . . to attain the relief he desires”) (internal quotation marks omitted). If
Lane believes that the failure to docket his May 3 motion was in error (despite the
District Court’s order denying his motion for entry of default judgment, see Dkt. #103),
he may raise that issue in the District Court.
Accordingly, we will deny Lane’s mandamus petition.
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