Kenneth W. Reed, Petitioner-appellant, v. Joseph M. Arpaio, Sheriff, Maricopa County; Donald W.moose, Captain, Commander, Madison Street Jail;united States of America, Real Party Ininterest, Respondents-appellees, 139 F.3d 907 (9th Cir. 1998)

MEMORANDUM^* 

Petitioner Kenneth Reed appeals the district court's dismissal of his 28 U.S.C. § 2241 habeas petition. Petitioner challenges a detainer lodged against him arising out of a federal criminal complaint alleging that Reed violated 18 U.S.C. § 1951. Reed argues that the district court erred in holding that (1) his speedy trial claim is moot; and (2) his detainer-based claim is moot. Because the parties are familiar with the factual and procedural history of the appeal, we will not detail it here.

We dismissed a prior appeal as moot on the express representation by the United States that the complaint had been dismissed and none would be filed because the statute of limitations had run on the offense. United States v. Reed, No. 96-10276 (9th Cir. Dec. 18, 1996). Because the federal detainer at issue in this appeal was founded on the dismissed complaint which the United States represented to us would not be refiled, we direct the United States to inform the State of Arizona formally that the federal detainer has no further force or effect. With those instructions, we affirm the denial of the petition for the reasons provided by the district court and magistrate judge.

AFFIRMED WITH INSTRUCTIONS