IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF OKLAHOMA

 

DRY, et al.,

VS.

CHOCTAW CFR COURT, et al.,

Respondents.

Petitioners,

No. CIV-98-011-S

 

RESPONDENTS CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION AND JAMES R. WOLFE, MAGISTRATES' MOTION TO DISMISS BECAUSE CONTROVERSY IS NOW MOOT

Comes now the respondents, CFR Court of Indian Offenses for the Choctaw Nation and James R. Wolfe, Magistrate and respectfully shows to the Court:

When this action began, petitioners were charged with various and sundry criminal offenses in the Court of Indian Offenses of the Choctaw Nation of Oklahoma (CRF Court). The basis for petitioners' application for the habeas writ was that the petitioners were facing "illegal charges pending in a court that does not have criminal jurisdiction to which the petitioners would be subject to imminent incarceration upon conviction..." (See Petition, page 1). Further, petitioners requested that this court issue a writ of habeas corpus vacating the charges pending against petitioners in Choctaw CFR court and releasing petitioners from the unlawful threat of incarceration in violation of the federal constitution and statutory principles of fairness and due process. (See Petition, pages 28, 29)

On July 8, 2000, the tribal prosecutor dismissed all of the charges against the
petitioners herein with prejudice as to any and all future prosecutions that might arise out of petitioners' motions or conduct on May 4, 1995. Such action renders the issues in this case moot and respondents move this court for an order dismissing this case since the matter complained of is now moot for the reasons set forth in the accompanying brief.

Wherefore, the CFR Court of Indian Offenses for the Choctaw Nation and James R. Wolfe, Magistrate respectfully requests that this Court enter an order dismissing this case.

 

RABON, WOLF & RABON
402 E. Jackson
P.O. Box 726
Hugo, OK 74743
(580) 326-6427
Attorneys for Choctaw Nation of Oklahoma

Robert L. Rabon, OBA #13523

CERTIFICATE OF MAILING

I hereby certify that on the 1Oth day of July, 2000, a true and correct copy of the foregoing Respondents CFR Court of Indian Offenses for the Choctaw Nation and James R. Wolfe, Magistrates' Motion to Dismiss Because Controversy is Now Moot to be mailed postage prepaid to the following:

Scott Kayla, Morrison, Esq.
P.O. Box 518
Clayton, OK 74536