Doe v. City of Albuquerque

Filing 46

[9912121] Order filed by Judges Briscoe, Ebel, and O'Brien Simultaneous Supplemental briefs due before the close of business on Tuesday, 11/29/2011 for Appellant City of Albuquerque, and Appellee John Doe addressing the Administrative Instruction of the City of Abluquerque. ( Please see attached order for further instructions regarding supplemental briefs). Served on 10/20/2011. [Entered: 10/20/2011 11:33 AM]

FILED
United States Court of Appeals
Tenth Circuit

UNITED STATES COURT OF APPEALS
TENTH CIRCUIT

October 20, 2011
Elisabeth A. Shumaker
Clerk of Court

JOHN DOE,
Plaintiff - Appellee,
No. 10-2102

v.
CITY OF ALBUQUERQUE,
Defendant - Appellant.

ORDER FOR SUPPLEMENTAL BRIEFING

Before BRISCOE, Chief Judge, EBEL and O’BRIEN, Circuit Judges.

It has come to the attention of the Court that the “Administrative Instruction” of
the City of Albuquerque banning registered sex offenders from using any of its public
libraries may have been rescinded in favor of a new substantively different
Administrative Instruction. That presents the possibility that this case, and this appeal,
may have been rendered moot.
The Court requests simultaneous briefing from both parties providing the Court
with a copy of the revocation of the original Administrative Instruction and a copy of the
new Administrative Instruction, together with the date when the original Administrative
Instruction was rescinded and the date when the new Administrative Instruction was
enacted.

In addition, the Court orders the parties to provide legal briefing on whether this
action may have mooted the case and the appeal.
The legal briefs shall not exceed ten pages in length and they should be due
simultaneously by the close of business on Tuesday, November 29, 2011.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

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