Free Order on Motion for Reconsideration - District Court of California - California

Case 3:08-cv-01485-JAH-NLS

Document 11

Filed 09/02/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA OSCAR "DIANA" SANTANDER LEYVA, v. Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Case No. 08CV1485 JAH (NLS) ORDER DENYING PETITIONER'S EX PARTE APPLICATION FOR RECONSIDERATION AS MOOT [Doc. # 7]

ROBIN BAKER, Field Office Director, San Diego District, United States Bureau of Immigration and Customs Enforcement; et al., Respondents.

On August 14, 2008, petitioner, through counsel, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner also concurrently filed an application for issuance of an order to show cause pursuant to 28 U.S.C. § 2243, seeking this Court's order requiring respondents to file a return to the petition within three days of issuance of an order to show cause and seeking an order setting a hearing date on the petition. On August 15, 2008, this Court issued an order to show cause, determining that requiring respondents to file a return within three days was not warranted based on the record presented, instead setting a return date of September 5, 2008. See Doc. # 4 at 1-2. On August 22, 2008, petitioner filed an ex parte application seeking reconsideration of the Court's order to show cause, again seeking a three day return date as provided in 28 U.S.C. § 2243. See Doc. # 7. Respondents filed an opposition to the ex parte application on August 26, 2008, and petitioner filed a reply on

08cv1485

Case 3:08-cv-01485-JAH-NLS

Document 11

Filed 09/02/2008

Page 2 of 2

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August 29, 2008.1

See Docs. # 8, 10.

In reply, petitioner now points out that the

reconsideration request is moot because, even if the Court were to grant petitioner's ex parte request at the earliest date, the government's response would be due September 5, 2008, the same day originally set by the Court for the response. Doc. # 10 at 1. This Court agrees with petitioner's assessment. Accordingly, petitioner's ex parte application for reconsideration [doc. # 7] is DENIED as moot.

Dated:

September 2, 2008

JOHN A. HOUSTON United States District Judge

This Court notes that it delayed ruling on the application after receipt of respondent's opposition at petitioner's counsel's telephonic request based on the wish to file a reply brief.

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