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Motion and Brief for Leave to Dismiss Complaint Without Prejudice — No. 2:21-mj-30462 (Dkt. 14, E.D. Mich.)

Summary

A Motion and Brief for Leave to Dismiss Complaint Without Prejudice, ECF No. 14, filed March 16, 2022 in the Eastern District of Michigan (Case 2:21-mj-30462, Criminal No. 21-30462), United States v. Rapheal Jarrell Smiley. Under Rule 48(a), the government asks leave to dismiss the complaint without prejudice, saying it needs more time to decide whether prosecution is in the public interest. It reports a Pretrial Diversion Agreement under which the defendant will be supervised by U.S. Pretrial Services for six months, and says the charges will not be reinstated if he completes it. It is signed by Assistant U.S. Attorney Ryan A. Particka for U.S. Attorney Dawn N. Ison.

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“Motion and Brief for Leave to Dismiss Complaint Without Prejudice — No. 2:21-mj-30462 (Dkt. 14, E.D. Mich.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-and-brief-for-leave-to-dismiss-complaint-without-prejudice-no-2-e932b656c8/, SHA-256 c7b808de69e016c444ed16ed7ad3f035a0bd9bf270c7d9d2ed9926589f9fe5df.

Full text

     Case 2:21-mj-30462-DUTY ECF No. 14, PageID.39 Filed 03/16/22 Page 1 of 3




                         UNITED STATES DISTRICT COURT
                         EASTERN DISTRICT OF MICHIGAN

United States of America,

         Plaintiff,
                                              Criminal No. 21-30462
v.

Rapheal Jarrell Smiley

         Defendant(s).
                                              /

               MOTION AND BRIEF FOR LEAVE TO
            DISMISS COMPLAINT WITHOUT PREJUDICE

      Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United

States of America hereby moves for leave to dismiss without prejudice the

complaint against Rapheal Jarrell Smiley. In this case, the government needs

additional time

         1) to decide whether criminal prosecution of defendant for the offense(s) in
            question is in the public interest.

See generally United States v. Lovasco, 431 U.S. 783,790-96 (1977); 18 U.S.C. §

3161(d)(1). The government and the defendant have entered into a Pretrial

Diversion Agreement, whereby the defendant will be under the supervision of the

U.S. Pretrial Services Agency for a period of six months. Provided the defendant

satisfactorily completes the period of the diversion, the government will not
  Case 2:21-mj-30462-DUTY ECF No. 14, PageID.40 Filed 03/16/22 Page 2 of 3




reinstate the charges against him. Accordingly, the government requests leave to

dismiss the complaint without prejudice.

                                            Respectfully submitted,

                                            DAWN N. ISON
                                            United States Attorney

                                            s/Ryan A. Particka
                                            Ryan A. Particka
                                            Assistant United States Attorney
                                            211 W. Fort Street, Suite 2001
                                            Detroit, MI 48226
                                            ryan.particka@usdoj.gov
                                            (313) 226-9635


Dated: March 16, 2022
  Case 2:21-mj-30462-DUTY ECF No. 14, PageID.41 Filed 03/16/22 Page 3 of 3




                           CERTIFICATE OF SERVICE

    I hereby certify that on March 16, 2022, I electronically filed the foregoing

document with the Clerk of the Court using the CM/ECF system which will send

notification of such filing to the following:

                 Benton Martin


                                                s/Ryan A. Particka
                                                Ryan A. Particka
                                                Assistant United States Attorney
                                                211 W. Fort Street, Suite 2001
                                                Detroit, MI 48226
                                                ryan.particka@usdoj.gov
                                                (313) 226-9635

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