Opinion
NO. 5:07-HC-2025-BO.
August 19, 2010
ORDER
This matter is before the court on respondent's September 11, 2007, motion to dismiss the petition against him. (D.E. #11) The motion was filed prior to the Supreme Court's opinion in United States v. Comstock, ___ U.S. ___, 130 S. Ct. 1949 (2010), and on June 22, 2010, respondent filed a second motion to dismiss (D.E. # 23) incorporating the current case law, as well as, a motion for hearing on the merits of his case pursuant to 18 U.S.C. § 4248 (D.E. # 24). The September 11, 2007, motion to dismiss is DENIED AS MOOT and without prejudice.
SO ORDERED.