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Ashworth v. Mumbower

United States District Court, S.D. Illinois

April 17, 2014

TIMOTHY P. ASHWORTH, Plaintiff,
v.
STEVE MUMBOWER, et al., Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

Plaintiff Timothy P. Ashworth filed two motions (Docs. 38 & 40) while he is represented by counsel. 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 hereby ORDERS that Ashworth's pro se motions (Docs. 38 & 40) be STRICKEN.

IT IS SO ORDERED.


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