PRESS moeiddd hh OC LE boy DR on pes eee IE EES lg an TS : (ae ese a SS ed Sk yo: US, Department of Justice ey United States Attorney Sees AS Southern District of New York “apa” phe eee ty : □ 86 Chambers Street, Third Floor Wee eS pe New York, New York 10007 March 13, 2020 By ECF and Hand Delivery Sepen conaae The Honorable John F. Keenan □ ysne Shey United States District Court pe NG Southern District of New York ett: nesses ay PRU Daniel Patrick Moynihan United States Courthouse he cbs oe 500 Pearl Street rt He . nemssienns □□□ New York, New York 10007 yo x iE x fib eee Re: Lafontaine v. Mechkowski et al., 15 Civ. 4251 GER) Dear Judge Keenan: This Office represents the government in the above-referenced habeas action, in which the Second Circuit recently vacated the Court’s August 17, 2015, order, and remanded the matter. (ECF No. 19). Presently, a status conference is scheduled for Thursday, March 19, 2020, at 11:00 a.m. (ECF No. 20). We write respectfully to request that the status conference be adjourned. Petitioner, who is not detained, consents to this request. The government makes this request for two reasons. First, because the Second Circuit has not yet issued a mandate in this case, this Court does not yet have jurisdiction over the matter. See, e.g., United States v. Rodgers,

, 251 □□ Cir. 1996) (“A district court does not regain jurisdiction until the issuance of the mandate by the clerk of the court of appeals.”). Second, the adjournment will allow the parties additional time to meet and confer concerning what, if any, further proceedings are necessary. Accordingly, we respectfully request that the March 19 conference be adjourned; that the parties be directed to submit a joint status letter within one week of the mandate issuing; and that, ifnecessary, the Court schedule a status conference thereafter.

We thank the Court for its consideration of this request. Respectfully submitted, GEOFFREY 8S. BERMAN United States Attorney for the Southern District of New York By: /s/ Christopher Connolly CHRISTOPHER CONNOLLY Assistant United States Attorney Tel.: (212) 637-2761 Fax: (212) 637-2786 E-mail: [email protected] cc: Counsel for petitioner (oy ECF)

he Confecenca. 1S nea te hee { 21 2620 Avy [J]: am. ORDERED oe othe Ket! ‘ OO VDoked N en) ok Neverk. yee US. DT March [6 2020