Opinion
2:22-CR-00121-MKD-2
12-20-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOHN PAUL MARTINEZ (2), Defendant.
ORDER GRANTING UNITED STATES' MOTION TO DISMISS INDICTMENT
ECF NO. 132
MARY K. DIMKE, UNITED STATES DISTRICT JUDGE
Before the Court is the United States' Oral Motion to Dismiss Indictment, ECF No. 132. On December 20, 2023, the Court held a pretrial conference in this matter, at which the United States moved to dismiss the charges in the Indictment, ECF No. 1, against Defendant John Paul Martinez (2). Fed. R. Crim. P. 48(a) provides that “[t]he government may, with leave of court, dismiss an indictment, information, or complaint.” The Court has reviewed the record and the motion and finds good cause grant leave to dismiss the Indictment.
Accordingly, IT IS HEREBY ORDERED:
1. The United States' Oral Motion to Dismiss Indictment, ECF No. 132, is GRANTED.
2. The Indictment, ECF No. 1, is DISMISSED WITH PREJUDICE as to Defendant John Paul Martinez (2).
3. All pending deadlines and hearings, if any, are STRICKEN, and all pending motions, if any, are DENIED AS MOOT.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order, provide copies to counsel, the U.S. Probation Office, and the U.S. Marshals Service, and CLOSE the file.