Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-02451-EWN-PAC

Document 42

Filed 09/02/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2451-EWN-PAC EUCLIDES MORALES-FERNANDEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. ________________________________________________________________________ RESPONDENT'S STATUS REPORT AND SUPPLEMENTAL MOTION TO DISMISS PETITIONER'S APPLICATION FOR WRIT OF HABEAS CORPUS ________________________________________________________________________ The respondent, through undersigned counsel, submits the following status report and supplemental motion to dismiss and states therefor: 1. On August 30, 2005, the mandate issued from the Tenth Circuit remanding

this case for further proceedings. The Court has set a status conference for October 12, 2005. 2. The undersigned has learned, however, that the petitioner was released from

custody during the pendency of the appeal. See Exhibits A1, Release memo. 3. Petitioner has not provided a current address to the court or to the

undersigned counsel. Petitioner's last known address obtained from the Department of Homeland Security is: Euclides Morales-Fernandez c/o Western Care, Inc., 11675 East

Case 1:01-cv-02451-EWN-PAC

Document 42

Filed 09/02/2005

Page 2 of 3

End Avenue, Chino, California 91710. 4. custody. 5. Because petitioner has been released, this case is now moot. Camara v. Through his habeas, the only relief requested by petitioner was relief from

Comfort, 235 F. Supp.2d 1174, 1175-87 (D. Colo. 2002). No further action is required of this Court, and this action may be dismissed. 6. For the foregoing reasons, petitioner's habeas petition should be dismissed,

with each party to bear its own costs and attorney's fees. DATED this 2nd day of September, 2005. Respectfully submitted, WILLIAM J. LEONE INTERIM UNITED STATES ATTORNEY

s/Mark S. Pestal Mark S. Pestal Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

Case 1:01-cv-02451-EWN-PAC

Document 42

Filed 09/02/2005

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 2, 2005 I electronically filed the foregoing w ith the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses:

None

_____________________________________ _____________________________________ _____________________________________, and I hereby certify that I have mailed

or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name:

Euclides Morales-Fernandez c/o Western Care, Inc. 11675 East End Avenue Chino, California 91710.

s/Mark S. Pestal Mark S. Pestal Attorney for Defendant United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0404 E-mail: [email protected]