Martinez v. Napolitano et al, No. 1:2011cv01158 - Document 50 (D. Colo. 2013)

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

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Martinez v. Napolitano et al Doc. 50 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 Dockets.Justia.com 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

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