U.S. v. Barbuto

Full title: UNITED STATES OF AMERICA, Plaintiff, v. WAYNE FRANK BARBUTO and UTAH…

Court: United States District Court, D. Utah, Central Division

Date published: Dec 2, 2004

Case No. 2:04CV00374 DB (D. Utah Dec. 2, 2004)

Opinion

Case No. 2:04CV00374 DB.

December 2, 2004

PAUL M. WARNER, United States Attorney, STEPHEN J. SORENSON, Assistant United States Attorney, Salt Lake City, Utah, Attorneys for Plaintiff United States of America.

ORDER GRANTING SUMMARY JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT BARBUTO

DEE BENSON, Chief Judge, District

The Court has before it Plaintiff's Motion for Summary Judgment as to Defendant Barbuto and the memorandum and exhibits in support of the motion. No response to the motion has been filed by Defendant Wayne Frank Barbuto although the deadline for response has long passed. The Court having now reviewed the Motion with accompanying exhibits and memorandum, as well as other pleadings on file,

IT IS HEREBY ADJUDGED AND ORDERED:

1. Good cause appearing, Plaintiff's Motion for Summary Judgment is granted.

2. Defendant Frank Wayne Barbuto is hereby permanently enjoined, and is specifically ordered to cease and desist, from:

(a) Filing or causing to be filed any U.C.C. Financing Statement naming as a debtor any federal official or employee involved in any way in Barbuto's criminal prosecution, defense, conviction, or incarceration, or in any civil action involving him and the United States.

(b) Filing or causing to be filed any lien or similar encumbrance on the property of any federal official or employee involved in any way in Barbuto's criminal prosecution, defense, conviction, or incarceration, or in any civil action involving him and the United States, with any public office or other source where public records are maintained.

(c) Gathering, storing, or disseminating any information in any form concerning the home addresses, telephone numbers, property, family, or other private information about any federal official or employee, or causing such information to be gathered, stored, or disseminated.

3. The Court further declares that the filings of documents by Defendant Barbuto set out in the Complaint in this action are unauthorized and abusive uses by him of the mails and telephone, and are frivolous an without foundation as a matter of law. The Court directs that a copy of this Order and of the Complaint be conveyed to the United States Office of Parole and Probation for review by its personnel.