Opinion
3:20-cr-415-MOC-DCK-1
11-18-2022
ORDER
MAX O. COGBURN UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on defendant's pro se “Motion to Dismiss” under 43 CFR § 4.1169. (Doc. No. 69).
The ground on which Defendant seeks dismissal is wholly meritless. Defendant has filed their Motion to Dismiss under 43 CFR § 4.1169 - a rule of the Code of Federal Regulations which pertains to administrative law judges, not Article III judges. The Code of Federal Regulations is inapposite in this criminal matter. This is a criminal case, and the jurisdictional inquiry is governed by the Federal Rules of Criminal Procedure. In any event, Defendant's argument that this case should be dismissed for failure to state a claim is inapplicable and baseless.
ORDER
IT IS, THEREFORE, ORDERED that defendant's pro se Motion to Dismiss (Doc. No. 69) is DENIED.