Arizona District Court, Case No. 2:03-cv-00500-MHM:
Roeun v. Long, et al
Judge Mary H Murguia, presiding

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No Logo John Ashcroft, Respondent

No attorney information is available for this party.

No Logo Sameth Roeun, Petitioner

No attorney information is available for this party.

No Logo Tom Ridge, Respondent

No attorney information is available for this party.

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Office Phoenix Division
Filed 3/13/2003
Jury Demand None
Demand $0
Nature of Suit 530 - Habeas Corpus General
Cause Section 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal)
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Pinal
Terminated 5/27/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
 1 Filed: 3/13/2003, Entered: 3/14/2003 Petition for Writ of Habeas Corpus
PETITION FOR WRIT OF HABEAS CORPUS (TLJ)
 2 Filed: 3/13/2003, Entered: 3/14/2003 Notice Of Assignment Court Filing
NOTICE of Assignment; case is assigned to Judge Mary H. Murguia and is referred to Charles R. Pyle (PS) and Court's Legal Staff for review. (TLJ)
 3 Filed: 4/7/2003, Entered: 4/7/2003 Order Court Filing
ORDER by Judge Mary H. Murguia that Petitioner shall have thirty days from the date this Order is filed to apy the $5.00 filing fee or to file with the Court a properly signed and certified Application to Proceed In Forma Pauperis. ; spec. prisoner ddl set for 5/7/03 That the Clerk shall enter a judgment of dismissal of this action, without prejudice and without further notice to Petitioner, if Petitioner fails to pay the $5.00 filing fee or fails to file a signed and certified Application to Proceed In Forma Pauperis within thirty days of the date of this Order (Form Attached) (cc: all counsel) (KMG)
 -- Filed: 4/25/2003, Entered: 5/1/2003 Filing Fee Received
Filing Fee Paid $ 5.00 by petitioner Sameth Roeun ; receipt placed on left side of file (KMG)
 4 Filed: 9/29/2003, Entered: 9/29/2003 Order Court Filing
ORDER by Judge Mary H. Murguia that respondent John Ashcroft is dismissed from this action.. Dismissing party John Ashcroft That the Clerk shall serve a copy of the Summons, Petition, and this Order upon the US Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the US Attorney. The Clerk shall also send by certified mail a copy of the summons, petition and this order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to Respondent pursuant to Rule 4(i)(2)(A). That Respondent shall answer the petition within twenty days of the date of service. That this matter/ case is referred to Magistrate Judge Charles R. Pyle pursuant to Local Rules 1.16 and 1.17 for further proceedings and a report and recommendation. (cc: all counsel) (KMG)
 5 Filed: 10/2/2003, Entered: 10/3/2003 Summons Returned Executed - Complaint/Habeas Petit
ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE Summons & Petition upon respondent Thomas Long, by certified mail on 10/1/03 in Eloy, AZ (former emp)
 6 Filed: 10/9/2003, Entered: 10/9/2003 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/petition (certified mail) upon US Atty Dist of AZ on 10/6/03 (MAP)
 7 Filed: 10/9/2003, Entered: 10/14/2003, Terminated: 1/9/2004 Motion to Dismiss Case
MOTION to dismiss case by respondent Thomas Long [7-1] (MAP)
 8 Filed: 10/14/2003, Entered: 10/16/2003 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/complaint upon respondent John Ashcroft on date unreadable by Ernest Parker (KMG)
 -- Filed: 10/15/2003, Entered: 10/20/2003 Lodged Document
LODGED Amended Petition for Writ of Habeas Corpus by petitioner Sameth Roeun (held at docket clerk's desk) (KMG)
 9 Filed: 12/1/2003, Entered: 12/3/2003 Other Notice
NOTICE by petitioner Sameth Roeun of Respondents' Failure to Comply with Court Order. (KMG)
 10 Filed: 1/5/2004, Entered: 1/6/2004 Other Notice
NOTICE by respondent Thomas Long of Suggestion of Mootness; Petitioner, Sameth Roeun was deported to his country of origin, Cambodia, on 12/12/03. (KMG)
 11 Filed: 1/9/2004, Entered: 1/9/2004 Order Court Filing
ORDER by Judge Mary H. Murguia that reference of this petition to Magistrate Judge Charles R. Pyle is withdrawn for purpose of this Order only. That the Clerk shall file the Amended Petition that was loged on 10/15/03, and amend the caption in this matter, as stated above, naming Tom Ridge, Secretary of Department of Homeland Security, and John Ashcroft, Attorney General, as respondents. That Respondent Long's Motion to dismiss [7-1] is Denied as moot. That Respondent, Thomas Long, is dismissed from the Amended Petition... Dismissing party Thomas Long That the Clerk shall serve a copy of this Summons, Amended Petition, and this Order upon the US Attoreny for the District of Arizona by certified mail pursuant to 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk shall also send by certified mail a copy of th summons, amended petition and this Order to the US Attorney General pursuant to Rule 4(i)(1)(B). That Respondents Ridge and Ashcroft shall answer the Amended Petition within twenty days of the date of service. That the matter is once again referred to Magistrate Judge Charles R. Pyle pursuant to Local Rules 1.16 and 1.17 for further proceedings and a report and recommendation. (cc: all counsel) (KMG)
 12 Filed: 1/9/2004, Entered: 1/9/2004, Terminated: 5/27/2004 Amended Petition for Writ of Habeas Corpus
AMENDED Petition for Writ of Habeas Corpus [1-1]; adds respondents Tom Ridge, John Ashcroft (Court Order #11 dismissed dft Thomas Long) (KMG)
 13 Filed: 1/14/2004, Entered: 1/20/2004 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED by certified mail of summons/complaint upon USATTY Dist of AZ on 1/10/04 (KMG)
 14 Filed: 1/16/2004, Entered: 1/26/2004 Mail Returned
RETURNED MAIL addressed to: Sameth Roeun re order filed [11-2] (per BOP website petitioner released 12/04/03 no other address available) (ESH)
 15 Filed: 1/23/2004, Entered: 1/27/2004 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED by certified mail of summons/complaint upon respondent John Ashcroft on 1/14/04 (KMG)
 16 Filed: 1/26/2004, Entered: 1/27/2004 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED by certified mail of summons/complaint upon respondent Tom Ridge on 1/15/04 (KMG)
 17 Filed: 3/25/2004, Entered: 3/26/2004 Other Notice
NOTICE: Suggestion of Mootness (petitioner, Sameth Roeun, was deported to Cambodia on 12/12/03) by respondents (SAT)
 18 Filed: 4/6/2004, Entered: 4/6/2004 Order Court Filing
ORDER by Magistrate Judge Charles R. Pyle that Petitioner shall have thru 5/10/04 to file a suggestion of mootness. If no response is timely filed, the Court may enter a report and recommendation recommending dismissal w/out prejudice based on mootness (cc: all counsel) re: order filed [18-1] (MAP)
 19 Filed: 4/12/2004, Entered: 4/15/2004 Mail Returned
RETURNED MAIL addressed to: Sameth Roeun re order filed [18-1] (pet released no other address available) (ESH)
 20 Filed: 5/14/2004, Entered: 5/14/2004, Terminated: 5/27/2004 Report and Recommendation Court Filing
REPORT AND RECOMMENDATION by Magistrate Judge Charles R. Pyle recommending that the District Judge determine that the Petition & this action are dism as moot. The Magistrate Judge further recommends the District Court Judge order the Clerk of Court to enter a judgment accordingly (cc: all counsel) (PAB)
 21 Filed: 5/21/2004, Entered: 5/24/2004 Mail Returned
RETURNED MAIL addressed to: Sameth Roeun re motion REPORT AND RECOMMENDATION [20-1] (released from custody) (TLJ)
 22 Filed: 5/27/2004, Entered: 5/27/2004 Order Court Filing
ORDER by Judge Mary H. Murguia that the Court adopts the REPORT AND RECOMMENDATION [20-1]; FURTHER ORDERED dismissing as moot the Petition for Writ of Habeas Corpus (amended) [12-1]; FURTHER ORDERED directing the Clerk of Court to enter Judgment accordingly; case terminated (cc: all counsel) (SAT)
 23 Filed: 5/27/2004, Entered: 5/27/2004 Judgment Court Filing
JUDGMENT: that the Court adopts the Report and Recommendation of the Magistrate Judge. The Petitioner's petition for writ of habeas corpus is denied, therefore, the Petitioner shall take nothing. This petition and action are hereby dismissed. (cc: all counsel) re: judgment [23-1] (SAT)
 24 Filed: 6/7/2004, Entered: 6/8/2004 Mail Returned
RETURNED MAIL addressed to: Sameth Roeun re order filed [22-2] (released from custody) (TLJ)
 25 Filed: 6/7/2004, Entered: 6/8/2004 Mail Returned
RETURNED MAIL addressed to: Sameth Roeun re judgment [23-1] (released from custody) (TLJ)

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