United States District Court, S.D. Illinois
October 7, 2005.
UNITED STATES OF AMERICA, Plaintiff,
JOSEPH SANDERS, Defendant.
The opinion of the court was delivered by: J. GILBERT, District Judge
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Joseph Sanders's
"Motion Pursuant to 18 U.S.C. § 1623" (Doc. 60), "Motion Pursuant
to Rule 3, 4, 5, 6, 11, 12, 15, 7" (Doc. 61) and "Motion to Amend
Lack of Jurisdiction" (Doc. 63). Sanders filed these documents
pro se, although he was represented by Assistant Federal Public
Defender Daniel Cronin at the time. Sanders is now represented
also by Federal Public Defender Phillip J. Kavanaugh, III. As the
Court has informed Sanders twice before (Docs. 35 & 53), a
defendant does not have a right to file his own documents when he
is represented by counsel. See Hayes v. Hawes, 921 F.2d 100,
102 (7th Cir. 1990) (per curiam). The Court may strike as
improper any such pro se documents. See, e.g., United States
v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). The Court
hereby ORDERS that Sanders's three pending pro se motions
(Docs. 60, 61 & 63) be STRICKEN.
In addition, in an order entered April 21, 2005, the Court
warned Sanders that if he continued to make further pro se
filings while he is represented by counsel, the Court would
instruct the Clerk of Court to refuse to accept them for filing.
Sanders has continued to attempt to file motions while he is
represented by counsel. As it warned Sanders it would do, the
Court DIRECTS the Clerk of Court to refuse to file any pro se
motions from Sanders while he is represented by counsel. This
does not apply to notices of appeal.
IT IS SO ORDERED.
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