U.S. v. CUTLER, 2:14-cr-35-FtM-38DNF (2014)
Court: District Court, M.D. Florida
Number: infdco20140915425
Visitors: 10
Filed: Sep. 12, 2014
Latest Update: Sep. 12, 2014
Summary: ORDER SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Government's Motion to Dismiss Indictment (Doc. #37). The Government seeks leave of Court to dismiss the Indictment without prejudice. As grounds, the Government indicates the Defendant is deceased. In light of the Defendant's death, the Indictment will be dismissed. The Defendant's filed an Unopposed Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #3
Summary: ORDER SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Government's Motion to Dismiss Indictment (Doc. #37). The Government seeks leave of Court to dismiss the Indictment without prejudice. As grounds, the Government indicates the Defendant is deceased. In light of the Defendant's death, the Indictment will be dismissed. The Defendant's filed an Unopposed Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #35..
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ORDER
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Government's Motion to Dismiss Indictment (Doc. #37). The Government seeks leave of Court to dismiss the Indictment without prejudice. As grounds, the Government indicates the Defendant is deceased. In light of the Defendant's death, the Indictment will be dismissed.
The Defendant's filed an Unopposed Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #35) on September 9, 2014. The Defendant also filed a second Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #36). As the Indictment is dismissed, these motions are now deemed moot.
Accordingly, it is now
ORDERED:
1) The Government's Motion to Dismiss Indictment (Doc. #37) is GRANTED.
2) The Indictment against the Defendant is hereby dismissed without prejudice. The Clerk is directed to close the case.
3) The Defendant's Unopposed Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #35) is DENIED as moot.
4) The Defendant Second Motion to Abate Ab Initio to Exonerate the Sureties on the Bond and for the Return of Passport (Doc. #36) is DENIED as moot.
DONE AND ORDERED.
Source: Leagle
