Case 3:16-cv-02347-JO Document 9 Filed 02/24/17 Page 1 of 1 BILLY J. WILLIAMS, OSB #901366 NATALIE K. WIGHT, OSB #035576 Assistant natalie.wight@usdoj.gov 1000 SW Third Avenue, Suite 600 Portland, Oregon 97204-2902 Telephone: (503) 727-1114 Facsimile: (503) 727-1117 Attorneys for Respondent MOTION FOR LEAVE TO FILE SUPPLEMENT TO RESPONDENT'S MOTION FOR RECONSIDERATION Respondent, by Billy J. Williams, for the, and through Natalie K. Wight, Assistant, hereby submits this motion for leave to file a supplement to the motion for reconsideration of the Order granting the emergency petition for habeas corpus relief under 28 U.S.C. 2241 [ECF 6]. See Attached Proposed Supplement. The government requests the Court vacate the Order and dismiss the petition as moot based on the death of Petitioner Bruce Dwayne Deal on or about February 12, 2017. DATED this 24th day of February 2017. Respectfully submitted, BILLY J. WILLIAMS /s/ Natalie K. Wight NATALIE K. WIGHT, Asst. U.S. Attorney Page 1- Motion for Leave to File Supplement to Respondent's Motion for Reconsideration. Deal Ives, 3:16-CV-02347-JO
Case 3:16-cv-02347-JO Document 9-1 Filed 02/24/17 Page 1 of 2 BILLY J. WILLIAMS, OSB #901366 NATALIE K. WIGHT, OSB #035576 Assistant natalie.wight@usdoj.gov s Office 1000 SW Third Avenue, Suite 600 Portland, Oregon 97204-2902 Telephone: (503) 727-1114 Facsimile: (503) 727-1117 Attorneys for Respondent SUPPLEMENT TO RESPONDENT'S MOTION FOR RECONSIDERATION Respondent Warden Richard B. Ives, by Billy J. Williams, for the, and through Natalie K. Wight, Assistant, hereby submits this supplement to the motion for reconsideration of the Order granting the emergency petition for habeas corpus relief under 28 U.S.C. 2241 [ECF 6]. The government requests the Court vacate the Order and dismiss the petition as moot based on the fact the Petitioner Bruce Dwayne Deal died on or about February 12, 2017. Exhibit 1 Page 1- Supplement to Respondent's Motion for Reconsideration Deal Ives, 3:16-CV-02347-JO
Case 3:16-cv-02347-JO Document 9-1 Filed 02/24/17 Page 2 of 2 ARGUMENT On February 24, 2017, counsel for Stephen Sady, provided a letter to the Court and counsel, with the information that Bruce Dwayne Deal died on February 12, 2017. See Attachment A. Based on this information, the government respectfully requests the Court vacate the Order granting the 2241 Petition [ECF 6], grant Respondent's Motion for Reconsideration [ECF 7,9], and dismiss the Petition as moot. See Attached Proposed Order. DATED this 24th day of February 2017. Respectfully submitted, BILLY J. WILLIAMS /s/ Natalie K. Wight NATALIE K. WIGHT Assistant Exhibit 1 Page 2- Supplement to Respondent's Motion for Reconsideration Deal Ives, 3:16-CV-02347-JO
Case 3:16-cv-02347-JO Document 9-2 Filed 02/24/17 Page 1 of 1 Deal Ives, 16-CV-02347-JO Supp. to Mot. for Reconsideration Att. A, Page 1 of 1
Case 3:16-cv-02347-JO Document 9-3 Filed 02/24/17 Page 1 of 1 [PROPOSED] ORDER JONES, Senior District Judge Respondent's Motion for Reconsideration is before the Court (ECF Nos. 7, 9). Upon review of the pleadings, Respondent's motion for reconsideration is HEREBY GRANTED and the Order granting the emergency petition for habeas corpus pursuant to 28 U.S.C. 2241 (ECF No. 6) is VACATED. FURTHERMORE, based on the fact that Petitioner Bruce Dwayne Deal is now deceased, IT IS HEREBY ORDERED that this 2241 petition for writ of habeas corpus is DISMISSED as moot. DATED this day of February 2017. The Honorable Robert E. Jones Senior United States District Judge ORDER Deal Ives, 3:16-CV-02347-JO