Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Ulises A. Ferragut, Jr. #018773 FERRAGUT & ASSOCIATES, P.C. One Renaissance Square 2 North Central Avenue, Suite 715 Phoenix, Arizona 85004 Tel. (602) 324-5300 Fax. (602) 258-4588 E-Mail: [email protected] Counsel for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America ) ) ) ) ) ) ) ) ) No. CR 02­1179­PHX­PGR No. CV­04­2209­PHX­PGR (MEA) MOVANT'S INQUIRY AS TO STATUS PER LOCAL RULE 7.2(L)

10 Plaintiffs, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. Carlos Anselmo Moreno, Jr., Defendants.

COMES NOW Movant Carlos A. Moreno, Jr., through undersigned counsel, and hereby submits his first inquiry as to the status of this matter pursuant to Local Rule 7.2(L) (pending motions notification) The Magistrate Judge filed the Magistrate's Report and Recommendation in the above (combined) numbered causes on May 25, 2005. Movant filed his Objections thereto on July 25, 2005 (filing extension granted by Court). Movant requested the Court reject the Magistrate's recommendation to dismiss Movant's § 2255 action. In his Objections, Movant further requested the Court issue an Order unsealing the file in this case so that undersigned counsel may review the file to determine whether the Movant's claims of gross misconduct on the part of his trial

Case 2:02-cr-01179-PGR

Document 134

Filed 02/20/2007

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level attorney find support in the record. Undersigned counsel's office has contacted the Clerk's office on numerous occasions and, since the advent of electronic filing, physically has visited the Federal Courthouse to review the file to ensure that undersigned counsel was listed as attorney for the defendant and to verify that there has been no decision on the case. There has yet to be a ruling in this case. Local Rule 7.2(L) addresses pending motions that have been taken under advisement. In the instant case, there is no official notification that this matter has been taken under advisement, but, considering the extensive period of time that has passed since the filing of Movant's Objections to the Magistrate's Report and Recommendation, a status request under LRCiv.P. 7.2(L) seems appropriate. RESPECTFULLY SUBMITTED this 19 th day of February, 2007. F ERRAGUT & ASSOCIATES, P.C.

/s/ Ulises A. Ferragut, Jr. Ulises A. Ferragut, Jr. One Renaissance Square 2 North Central Avenue, Suite 715 Phoenix, Arizona 85004 Attorney for Defendant

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ORIGINAL of the foregoing electronically filed this 19 th day of February, 2007. COPIES of the foregoing mailed or electronically sent this 19 th day of February, 2007, as noted below: Honorable Paul G. Rosenblatt United States District Court District of Arizona 401 West W ashington Phoenix, Arizona 85003 David A. Pimsner Assistant U.S. Attorney U.S. Attorney's Office 40 North Central Avenue, Suite 1200 Phoenix, AZ. 85004 Attorney for United States of America /s/ Ulises A. Ferragut, Jr.

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