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Stanton J. Thompson v. Lee Ryker

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 26, 2012

STANTON J. THOMPSON, PLAINTIFF,
v.
LEE RYKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court for case management purposes. Plaintiff Stanton J. Thompson has filed two pro se motion (Docs. 47 & 48). Thompson is represented by counsel Theodore R. Bynum.

A defendant does not have a right to file his own motions when he is represented by counsel. See Hayes v. Hawes, 921 F.2d 100, 102 (7th Cir. 1990) (per curiam). "Representation by counsel and self-representation are mutually exclusive." Cain v. Peters, 972 F.2d 748, 750 (7th Cir. 1992). So-called "hybrid representation" confuses and extends matters at trial and in other proceedings and, therefore, it is forbidden. See United States v. Oreye, 263 F.3d 669, 672-73 (7th Cir. 2001). The Court may strike as improper any such pro se motions. See, e.g., United States v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). The Court ORDERS that Thompson's motions (Docs. 47 & 48) be STRICKEN. The Court notes that this is not the first time Thompson has filed a pro se motion while represented by counsel. The Court WARNS Thompson that if he continues to make further pro se filings while he is represented by counsel, the Court will instruct the Clerk of Court to refuse to accept them for filing.

IT IS SO ORDERED.

J. Phil Gilbert

20120926

© 1992-2012 VersusLaw Inc.



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