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