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United States v. Berrettini

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 8, 2010

UNITED STATES OF AMERICA
v.
ALBERT LEO BERRETTINI, JR., AND MARY ANN BERRETTINI, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 8th day of February, 2010, upon consideration of the documents (e.g., Docs. 266,*fn1 290,*fn2 and the like) filed by defendant Albert Leo Berrettini, and it appearing that defendant is not "applying to the court for an order," see Fed. R. Crim. P. 47(a) ("A party applying to the court for an order must do so by motion."),*fn3 and it further appearing that there is no reason to permit such documents to be filed with the court as they bear no relationship to the pending criminal matter,*fn4 and the court finding that the power to strike such documents from the record is within the court's inherent powers, see Ray v. Eyster, 132 F.3d 152, 156 (3d Cir. 1997) ("[A] court does have inherent authority over both its docket and over the persons appearing before it. It has long been recognized that courts are vested with certain inherent powers that are not conferred either by Article III or by statute, but rather are necessary to all other functions of courts." (citing U.S. v. Hudson, 11 U.S. 32 (1812))), it is hereby ORDERED that all documents filed by defendant and not previously disposed of are STRICKEN from the record, without prejudice to future filings which are properly characterized and which are in compliance with the applicable rules of procedure and local rules of court.


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