On January 15, 2010 the judge in charge of the complaint submitted its findings and recommended that the complaint be canceled. Federal Judge Mary Lou Robinson confirmed this report, January 20, 2010, she issued a one-page ruling confirming the cancellation of the complaint against the Gray County District Attorney, Lynn Switzer. This was appealed to the Federal Court of Appeals 5th Circuit, but on Jan. 28, the same court rejected the appeal, and the case went on appeal before the US Supreme Court. Hank, meanwhile, sent a letter to the General Counsel of Gray County, Lynn Switzer, to explain in detail the circumstances of his case for DNA testing and asking him to grant a stay of 120 days and to order that DNA tests be performed.