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United States v. Monroe

United States District Court, N.D. Mississippi
Jan 5, 2024
1:23-CR-81 (N.D. Miss. Jan. 5, 2024)

Opinion

1:23-CR-81

01-05-2024

UNITED STATES OF AMERICA v. NICHOLAS MONROE


ORDER

DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

On November 6, 2023, this Court entered an order setting January 2, 2024, as the dispositive motions deadline. Doc. #22 at PageID 34. On January 3, 2024, Nicholas Monroe filed a “Motion to Dismiss Indictment.” Doc. #24.

A dispositive motion filed after the dispositive motions deadline may be denied as untimely. United States v. Carr, 83 F.4th 267, 273-74 (5th Cir. 2023) (“[T]he district court did not abuse its discretion in denying Carr's motion to dismiss as untimely.”). Because Monroe's motion to dismiss is untimely since it was filed after the dispositive motions deadline and because Monroe has not sought an extension of the dispositive motions deadline or leave to file the motion to dismiss after the deadline, the motion to dismiss [24] is DENIED as untimely.

“ [C]ourts may consider untimely motions for ‘good cause. '” United States v. Carr, 83 F.4th 267, 273 (5th Cir. 2023) (quoting Fed. R. Crim. P. 12(c)(3)). “[A] showing of good cause requires a showing of cause and prejudice.” Id. (quoting United States v. Dennis, 41 F.4th 732, 739-40 (5th Cir. 2022)); see Fed. R. Crim. P. 45(b)(1)(B) (court may extend deadline after the deadline expires “for good cause” and “if the party failed to act because of excusable neglect.”).

SO ORDERED


Summaries of

United States v. Monroe

United States District Court, N.D. Mississippi
Jan 5, 2024
1:23-CR-81 (N.D. Miss. Jan. 5, 2024)
Case details for

United States v. Monroe

Case Details

Full title:UNITED STATES OF AMERICA v. NICHOLAS MONROE

Court:United States District Court, N.D. Mississippi

Date published: Jan 5, 2024

Citations

1:23-CR-81 (N.D. Miss. Jan. 5, 2024)