Opinion
1:23-CR-99
01-11-2024
ORDER
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE
On January 8, 2024, Tariq Williams moved to dismiss the Indictment, Doc. #31, and then moved to withdraw his “erroneous filing” of the January 8 motion to dismiss the Indictment, Doc. #32 at 1. According to Williams, the motion to withdraw is unopposed by the government. Id.
Upon consideration, the motion to withdraw [32] is GRANTED. The January 8 motion to dismiss [31][ is TERMINATED.
Williams filed an earlier motion to dismiss the Indictment on September 14, 2023, which is still pending. Doc. #17. The Court denied Williams' January 4, 2024, motion to dismiss the Indictment-which was substantially identical to the September 14 motion to dismiss-as “untimely since it was filed after the dispositive motions deadline and because Williams ha[d] not sought an extension of the dispositive motions deadline or leave to file the January 4 motion to dismiss after the deadline.” Doc. #29 at PageID 85.
Williams asks to “withdraw the Motion to Dismiss Indictment filed on January 8, 2024, docket entry 30.” Doc. #32 at 1. But the January 8 motion to dismiss is docket entry 31. And docket entry 30 is Williams' motion to continue. The Court presumes Williams' motion to withdraw intended to reference docket entry 31; however, if such presumption is inaccurate, Williams' counsel should notify the Court immediately.
SO ORDERED, this 11th day of January, 2024.