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Franklin v. Robinson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jan 30, 2014
Case No. 3:04-cv-187 (S.D. Ohio Jan. 30, 2014)

Opinion

Case No. 3:04-cv-187

01-30-2014

ANTONIO SANCHEZ FRANKLIN, Petitioner, v. NORMAN ROBINSON, Warden, Respondent.


Magistrate Judge Michael R. Merz


DECISION AND ORDER STRIKING PRO SE MOTION TO

WITHDRAW REFERENCE

This capital habeas corpus case is before the Court on Petitioner's pro se Motion to Withdraw the reference to the Magistrate Judge as Pursuant to 28 U.S.C. § [636](c)(4)'s Extraordinary Circumstances and/or Good Cause Shown (Doc. No. 163).

As Petitioner has been repeatedly advised, a party represented by counsel may not file papers pro se. 28 U.S.C. § 1654 provides that "parties may plead and conduct their own cases personally or by counsel." The disjunctive "or" in the statute means that a litigant must choose between proceeding pro se and proceeding with the assistance of counsel. United States v. Jimenez-Zalapa, 2007 WL 2815563 (W.D. Tenn. 2007)(Breen, J.); see also United States v. Mosely, 910 F.2d 93, 97-98 (6 Cir. 1987); United States v. Vampire Nation, 451 F.3d 189 (3 Cir. 2006).

The Motion to Withdraw Reference is accordingly STRICKEN.

Michael R. Merz

United States Magistrate Judge


Summaries of

Franklin v. Robinson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jan 30, 2014
Case No. 3:04-cv-187 (S.D. Ohio Jan. 30, 2014)
Case details for

Franklin v. Robinson

Case Details

Full title:ANTONIO SANCHEZ FRANKLIN, Petitioner, v. NORMAN ROBINSON, Warden…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Jan 30, 2014

Citations

Case No. 3:04-cv-187 (S.D. Ohio Jan. 30, 2014)