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18-016 - USA v. McCoy, et al


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18-016 - USA v. McCoy, et al
May 15, 2018
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ORDER Denying Motion To Dismiss First Superseding Indictment re: 75 as to Defendant Isaiah McCoy (1)."The court denies McCoy's motion to dismiss the First Superseding Indictment. Because the motions deadline has passed, the court declines to grant McCoy leave to file another motion. However, if McCoy has facts that he believes demonstrate that dismissal of the First Superseding Indictment is appropriate based on selective prosecution, vindictive prosecution, or the interest of justice, McCoy may seek permission to file another motion no later than May 30, 2018. Any motion seeking permission to file another motion based on selective prosecution, vindictive prosecution, or the interest of justice must clearly articulate the specific factual basis or bases for the motion that McCoy proposes to file. The deadline for a motion seeking leave to file a new motion to dismiss is May 31, 2018. To be clear, McCoy may not simply file a new motion to dismiss; he must obtain leave of court to do that (that is, he must file and have the court grant a motion seeking motion seeking permission to file a new motion to dismiss). If the court allows McCoy to file a new motion, the current trial date may be continued." Signed by JUDGE SUSAN OKI MOLLWAY on 5/15/2018. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)