Opinion
3:22-cr-78-1
06-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. PIERRE LEMONE DRAPER, Defendant.
ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S PRO SE MOTIONS TO DISMISS (DOC. NOS. 45, 46, 76)
MICHAEL J. NEWMAN, UNITED STATES DISTRICT JUDGE
This criminal case is before the Court for review several pro se filings by Defendant Pierre Lemone Draper. Doc. Nos. 45, 46, 76. Construing these filings liberally in Defendant's favor, see Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citing Estelle v. Gamble, 429 U.S. 97, 106 (1976)), each document is properly characterized as a motion to dismiss this case with prejudice. Yet, Defendant Draper is represented by counsel in this case and is not proceeding pro se. “A defendant has a constitutional right to be represented by counsel or to represent himself during his criminal proceedings, but not both.” Miller v. United States, 561 Fed.Appx. 485, 488 (6th Cir. 2014) (emphasis in original) (citing United States v. Mosely, 810 F.2d 93, 97 (6th Cir. 1987). Accordingly, the Court DENIES without prejudice Defendant's pro se motions and will not consider any arguments advanced therein unless and until those arguments are presented in a motion filed by his counsel of record.
IT IS SO ORDERED.