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