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United States v. Due

United States District Court, Eighth Circuit

December 10, 2013

UNITED STATES OF AMERICA, Plaintiffs,
v.
RANDALL DAVID DUE, Defendant.

ORDER

JOSEPH F. BATAILLON, District Judge.

This matter is before the court on defendant's motion to dismiss, Filing No. 195, and motion to strike, Filing No. 237.[1] The defendant has been charged in this case with filing false liens in violation of 18 U.S.C. ยง 1521.

With regard to the motion to dismiss, defendant's arguments are fairly incoherent, but it appears the motion is based on defendant's belief that the court has violated his Constitutional rights and he should be set free. The court has carefully reviewed the pleading and finds it is without merit. The court has jurisdiction over the defendant and over this case, and there is a case currently pending against Mr. Due. Accordingly, the court will deny this motion.

With regard to the motion to strike, this court recently denied defendant's motion to have judges removed from this case. See Filing Nos. 211 and 214. Defendant has now recharacterized the filing as one for a motion to strike. Consequently, the court will again deny this motion.

THEREFORE, IT IS ORDERED:

1. Defendant's motion to dismiss, Filing No. 195, is denied;
2. Defendant's motion to strike, Filing No. 237, is denied.

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