Martinez v. Napolitano et al

Filing 50

FINAL JUDGMENT by Clerk, re: 49 Order. By Clerk on 3/27/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01158-REB-KMT
EDGAR NIEBLA MARTINEZ,
Plaintiff-petitioner,
v.
JANET NAPOLITANO, Secretary, U.S. Department of Homeland Security,
ALEJANDRO MAYORKAS, Director, U.S. Citizenship and Immigration Services,
ROBERT M. COWAN, Director, National Benefits Center, U.S. Citizenship and
Immigration Services,
Defendants-respondents.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final
Judgment is entered.
A. Pursuant to the Order Granting Motion To Dismiss [#27] entered by Judge
Robert E. Blackburn on March 28, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That under FED. R. CIV. P. 12(b)(1), the Defendants’ Partial Motion To
Dismiss Pursuant To Fed. R. Civ. P. 12(b)(1) [#17] filed July 26, 2011, is GRANTED;
2. That the plaintiff-petitioner’s claim challenging the February 26, 2003, decision
of the Immigration and Naturalization Service to deny Family Unity benefits to the
plaintiff-petitioner is DISMISSED for lack of jurisdiction and because it is barred by the
applicable statute of limitations;
3. That the plaintiff-petitioner’s claim seeking an injunction enjoining the

enforcement of an order of removal is DISMISSED for lack of jurisdiction; and
4. That defendant-respondents John Morton, Director of Immigration and
Customs Enforcement, and John Longshore, Field Office Director for the Immigration
and Customs Enforcement Denver Office, are DROPPED from this action and the
caption shall be AMENDED accordingly.
B. Pursuant to the Order Granting Motion To Dismiss [#49] entered by Judge
Robert E. Blackburn on March 25, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That under FED. R. CIV. P. 12(b)(1), the Defendants’ Motion To Dismiss
Based on Mootness, Cross-Motion for Summary judgment Pursuant To FED. R. CIV.
P. 56(a), and Opposition To Plaintiff’s Motion for Summary Judgment [#40] filed
October 10, 2012, is GRANTED on the basis that the controversy presented in this case
now is moot;
2. That the motion for summary judgment contained in the Defendants’ Motion
To Dismiss Based on Mootness, Cross-Motion for Summary judgment Pursuant
To FED. R. CIV. P. 56(a), and Opposition To Plaintiff’s Motion for Summary
Judgment [#40] filed October 10, 2012, is DENIED as moot;
3. That the parties’ Joint Motion for Determination [#48] filed January 14, 2013,
is GRANTED based on the determinations made in the order;
4. That JUDGMENT IS ENTERED in favor of the defendants, Janet Napolitano,
Alejandro Mayorkas, and Robert M. Cowan, and against the plaintiff, Edgar Niebla
Martinez;
5. That JUDGMENT IS ENTERED in favor of former defendants John Morton

and John Longshore on the bases cited in the Court’s Order Granting Motion To
Dismiss [#27] filed March 28, 2012; and
6. That the defendants are AWARDED their costs, to be taxed by the clerk of the
court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

DATED at Denver, Colorado, this 27th day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk