Salas v. Chertoff et al

Filing 4

ORDER Case is dismissed with prejudice for lack of prosecution and failure to comply with the Court's Minute Order of 4/6/09, by Chief Judge Wiley Y. Daniel on 4/20/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00565-WYD-KMT CESAR ANTONIO SALAS, Plaintiff, v. SECRETARY CHERTOFF, Secretary for Homeland Security; and JAIME ESPARZA, District Attorney for El Paso County, Texas, Defendants. ORDER OF DISMISSAL THIS MATTER is before the Court on review of the file. A Petition for Writ of Habeas Corpus, was filed on March 19, 2008. To date, Petitioner has taken no action with respect to this case. On April 6, 2009, I issued a Minute Order requiring Counsel for Petitioner to file a Status Report in this case no later than April 17, 2009, discussing whether Petitioner is currently in custody and, if so, Petitioner's last known address, and/or whether this case is moot. To date, Counsel for Petitioner has failed to respond, and a copy of the Minute Order was returned undeliverable. Therefore, pursuant to D.C.COLO.LCivR 41.1, this case is hereby DISMISSED WITH PREJUDICE for lack of prosecution, and failure to comply with the Court's Minute Order of April 6, 2009.

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Dated: April 20, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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