Opinion
CRIMINAL 2:10-cr-00019-MR-DLH
05-20-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARK WAYNE BALLARD, Defendant.
ORDER
Martin Reidinger, Chief United States District Judge.
THIS MATTER is before the Court on the Government's Motion to Dismiss Petition [Doc. 69].
On February 15, 2022, the United States Probation Office for the Western District of North Carolina filed a Supervised Release Violation Petition containing two violations (“Violation One” and “Violation Two”). [Doc. 57]. On March 2, 2022, the Defendant's preliminary hearing on the Petition was held, at which time the Magistrate Judge found there was not probable cause for Violation One and dismissed Violation One. [See docket entry dated 03/02/2022]. On April 20, 2022, the Probation Office filed an
Addendum to the Petition containing an additional violation (“Violation Three”). [Doc. 64]. On April 27, 2022, the Defendant's preliminary hearing on the Addendum was held, at which time the Magistrate Judge granted the Government's oral motion to dismiss Violation Three. [See docket entry dated 04/27/2022]. On May 20, 2022, the Government filed the present motion to dismiss the Petition and the remaining violation therein (“Violation Two”). [Doc. 69].
Upon review of the Government's Motion, IT IS, THEREFORE, ORDERED that the Government's Motion to Dismiss Petition [Doc. 69] is GRANTED, and the Supervised Release Violation Petition [Doc. 57] in this matter is hereby DISMISSED.
The Clerk of Court is respectfully directed to provide a copy of this Order to counsel for the Defendant, counsel for the Government, the United States Probation Office, and the United States Marshals Service.
IT IS SO ORDERED.