Order Denying Plaintiff's Motion as Moot — United States v. Nathan P. Miller (Document 5)

Summary

This Order Denying Plaintiff's Motion as Moot was entered in the Eastern District of California in Case No. 5:22-po-00228-CDB, United States of America v. Nathan P. Miller. It states that a citation filed on November 17, 2022 charged a violation of the California Vehicle Code on Edwards Air Force Base, California, under Title 18, United States Code, Section 13, with total collateral due of $155.00. It states that on November 24, 2022 the defendant paid the collateral in lieu of appearing, which terminated the case. The motion to dismiss without prejudice filed November 29, 2022 (Doc. 4) is denied as moot. The order is dated November 29, 2022.

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Full text

                Case 5:22-po-00228-CDB Document 5 Filed 11/30/22 Page 1 of 2



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                                        UNITED STATES DISTRICT COURT
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                                    EASTERN DISTRICT OF CALIFORNIA
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11   UNITED STATES OF AMERICA,                         Case No. 5:22-po-00228-CDB
12                         Plaintiff,                  [Citation #E1754127 CA/14]
13         v.
14   NATHAN P. MILLER,                                 ORDER DENYING PLAINTIFF’S MOTION AS
                                                       MOOT
15                         Defendant.
                                                       (Doc. 4)
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18          On November 17, 2022, a citation was filed charging Defendant Nathan P. Miller with a

19 violation of the California Vehicle Code while on Edwards Air Force Base, California, pursuant to Title
20 18, United States Code, Section 13. (Doc. 1.) The citation gave Defendant the option of either paying

21 the total collateral due of $155.00 or appearing in court. (Id.)

22          On November 24, 2022, Defendant exercised his option to pay the total collateral due in lieu of

23 appearing in court. (Doc. 3.) Pursuant to Rule 58(d)(1), Federal Rules of Criminal Procedure (Fed. R.

24 Crim. P.), Local Rule 410, Eastern District of California (E.D. Cal.), and General Order No. 627, E.D.

25 Cal. (dated Jan. 1, 2021), Defendant’s payment of the total collateral due terminated the case.
26          On November 29, 2022, Plaintiff filed a motion to dismiss without prejudice, pursuant to Rule

27 48(a), Fed. R. Crim P., in the interests of justice. (Doc. 4.) However, because as set forth above the

28 case already is closed, the motion is moot.
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               Case 5:22-po-00228-CDB Document 5 Filed 11/30/22 Page 2 of 2



 1          Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to dismiss without prejudice, in

 2 the interest of justice, is denied as moot.

 3 IT IS SO ORDERED.

 4      Dated:     November 29, 2022                     ___________________               _
 5                                                 UNITED STATES MAGISTRATE JUDGE

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