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

1 2 3 4 5 6 7 8 9 10 11 12 Ramon Castro-Gutierrez, 13 Defendant/Movant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

JKM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) )

CR 04-0834-PHX-ROS CV 05-1190-PHX-ROS (JRI) ORDER

On April 27, 2005, the Court denied Defendant's § 2255 Motion for Time Reduction with leave to file an amended motion on a court-approved form. Defendant was warned that if he failed to file an amended motion within 30 days, the action would be dismissed without prejudice. Defendant failed to file an amended motion and, on June 14, 2005, the Clerk of Court entered a Judgment of dismissal without prejudice. On July 20, 2005, Defendant filed a Motion for Reconsideration/Leave to File Amended Motion1 (Doc. #30). Regrettably, the Motion for Reconsideration was internally misplaced and has only now come to the Court's attention. Moreover, according to the Federal Bureau of Prisons Inmate Locator, Defendant was released from federal custody on September 11, 2006. Because Defendant was convicted of attempted illegal reentry after deportation, it is reasonable to assume that he was deported from the United States upon his release from

Defendant did not, however, lodge a proposed amended § 2255 motion.
Document 31 Filed 10/29/2007 Page 1 of 2

Case 2:04-cr-00834-ROS

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

custody. The Court will, therefore, deny the Motion for Reconsideration without prejudice and with leave to renew if Defendant receives this Order. IT IS ORDERED that Defendant's Motion for Reconsideration/Leave to File Amended Motion (Doc. #30) is denied without prejudice. DATED this 29th day of October, 2007.

-2Case 2:04-cr-00834-ROS Document 31 Filed 10/29/2007 Page 2 of 2