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Kruer v. Gonzales et al

Doc. 8

Case 2:05-cv-00120-DLB

Document 8

Filed 06/29/2005

Page 1 of 17

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY COVINGTON CIVIL ACTION NO. 05-120-DLB JAMES KRUER, as Guardian Ad Litem for and on behalf of S.K. and D.K., minors vs. MEMORANDUM OPINION & ORDER PLAINTIFF

ALBERTO GONZALES, Attorney General of the United States, et al. ******************************

DEFENDANTS

This action originated with Plaintiff's June 17, 2005, filing of a Petition for Writ Under the All Writs Act and Complaint for Declaratory and Injunctive Relief. (Doc. #1) Shortly thereafter, Plaintiff moved for emergency temporary injunctive relief. (Doc. #3) Defendants filed their Response to this motion (Doc. #6), and Plaintiff has replied (Doc. #7). Concluding that oral argument is unnecessary, and having considered the arguments raised by the parties in their respective memoranda, and for the reasons stated herein, Plaintiff's Motion for Emergency Temporary Injunctive Relief will be denied, and the Petition will be dismissed with prejudice. FACTUAL AND PROCEDURAL BACKGROUND The named Plaintiff, James Kruer, brings this action in his capacity as Guardian Ad Litem for and on behalf of S.K. and D.K., both of whom are minors. S.K. (age 14) and D.K. (age 12) are U.S. citizens. Their mother, Luz Carpenter, is a native and citizen of Mexico. Their father passed away in 1994. Mrs. Carpenter remarried Toby Carpenter in 2001.

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Case 2:05-cv-00120-DLB

Document 8

Filed 06/29/2005

Page 2 of 17

Luz Carpenter entered the United States in 1982. In September of 1990 she was convicted in this Court of aiding and abetting in the use of a communication facility in the furtherance of drug (marijuana) distribution, in violation of 21 U.S.C.

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