Opinion
23-4119
10-31-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PAULA FINAU FONUA, Defendant-Appellant.
(D.C. No. 2:22-CR-00268-DS-1) (D. Utah)
ORDER
This matter is before the court on two matters: (1) appellant Paula Finau Fonua's Unopposed Motion to Extend Time to Respond to Motion to Dismiss (filed October 30, 2023) and (2) appellant's Unopposed Motion for Voluntary Dismissal (filed October 31, 2023).
The motion for voluntary dismissal includes a statement signed by appellant that meets the requirements of Tenth Circuit Rule 42.3 in that it demonstrates appellant's knowledge of the right to appeal and indicates that appellant expressly wishes to withdraw this appeal.
Upon consideration, the court grants the motion for voluntary dismissal. See Fed. R. App. P. 42(b); 10th Cir. R. 42.3.
Accordingly, the court denies the motion to extend time to respond to the motion to dismiss as moot. Likewise, the government's pending motion to dismiss this appeal is denied without prejudice as moot.
A copy of this order shall stand as and for the mandate of the court.