Federal District Court, Plantiff Motion To Strike Pro Se Motions

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE UNITED STATES OF AMERICA v.

Cr. No. 07-189-01-GZS

DANIEL RILEY

MOTION TO STRIKE PRO SE PLEADINGS WITHOUT PREJUDICE The United States of America respectfully requests that the Court strike, without prejudice, several pro se pleadings currently pending that have been filed by the defendant and not by counsel of record. In support the government submits the following: 1. The defendant is represented by counsel. 2. On October 26, 2007 the Court denied, without prejudice, the defendant’s Motion to proceed as his own counsel. 3. The defendant has filed the following pleadings, in a pro se manner, none of which have been signed by counsel of record: Docket number 22, Motion for Jurisdiction Challenge, Docket number 23, Motion for Discovery Demand, Docket number 24, Notice of Motion, Docket number 25, Motion for Jurisdiction Challenge, Docket number 29, Notice of Motion, Docket number 30, Motion for Demand to be My Own Counsel (not currently pending; denied without prejudice on October 26, 2007; docket number 32), Docket number 33, (construed as) Motion for Bill of Particulars. 4. Federal Rule of Criminal Procedure 47, Motions and Supporting Affidavits, provides

that a Motion, except for one the Court may hear ex-parte, must be served on opposing counsel. See Fed. R. Crim. P. 47(b). Federal Rule of Criminal Procedure 49, Serving and Filing Papers, states in part, “[a] party must file with the court a copy of any paper the party is required to serve. A paper must be filed in a manner provided for in a civil action.” Fed. R. Crim. P. 49(d)(emphasis added). Federal Rule of Civil Procedure 11, Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions, states in part, “(a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney’s individual name, or if the party is not represented by an attorney, shall be signed by the party.” Fed, R. Civ. P. 11(a). 5. Although a defendant has the right to proceed through counsel or to proceed pro se, the defendant in this case is currently represented by counsel and the Court has denied, without prejudice, his request to proceed pro se. See e.g. United States v. Washington, 434 F.3d 7, 15 (1st Cir. 2006), cert. denied

U.S.

,

S.Ct.

, 2007 WL 2329849 (2007); United States v.

Nivicia, 887 F2d. 1110, 1121 (1st Cir. 1989), cert. denied 494 U.S. 1005 (1990). WHEREFORE, the government respectfully requests that the Court strike from the docket, without prejudice, all pleadings filed by the defendant himself, not through counsel, upon which the Court has not yet ruled; specifically Docket numbers 22, 23, 24, 25, 29 and 33. November 1, 2007

Respectfully submitted, THOMAS P. COLANTUONO United States Attorney By: /s/ Arnold H. Huftalen Arnold H. Huftalen Assistant U.S. Attorney N.H. Bar Assoc. No. 1215 53 Pleasant Street, 4th Floor Concord, New Hampshire 03301 (603) 225-1552

CERTIFICATION OF SERVICE and CONCURRENCE I hereby certify that service is being made upon all counsel of record via ecf filing notice. Given the nature of the relief requested, assent has not been sought but presumably the defendant would object. /s/ Arnold H. Huftalen Arnold H. Huftalen Assistant U.S. Attorney