Opinion
Case No.: 2:11-cr-00095-RLH-CWH
2013-10-18
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY LOREN MORTENSEN, Defendant.
ORDER
(Motion to Vacate - #74
Motion for Leave to Appeal - #76
Motion to Stay Briefing - #77)
Before the Court is Defendant Timothy Loren Mortensen's Motion to Vacate Under 28 U.S.C. § 2255 (#74, September 16, 2013) and Motion for Leave to Appeal Adverse Ruling on First Three Grounds from Petitioner's § 2255 Motion (#76, September 20, 2013). Also, before the Court is Plaintiff United States' Motion to Stay § 2255 Briefing Schedule Until Direct Appeal is Final (#77, September 27, 2013).
Local Rule LR IA 10-6 provides that, "a party who has appeared by attorney cannot while so represented appear or act in the case. . . ." In this case, the Court appointed counsel for Defendant Mortensen on August 30, 2013 (#72) and Defendant Mortensen was represented by Assistant Federal Public Defender Alina Shell at the time of the pro se filings. Therefore, Defendant Mortensen's pro se filed motions will be stricken without prejudice.
IT IS THEREFORE ORDERED that Defendant Mortensen's Motion to Vacate under 28 U.S.C. § 2255 (#74) and Motion for Leave to Appeal Adverse Ruling on First Three Grounds from Petitioner's § 2255 Motion (#76) are each STRICKEN.
IT IS FURTHER ORDERED that Plaintiff United States' Motion to Stay § 2255 Briefing Schedule Until Direct Appeal is Final (#77) is DENIED as moot in light of this Order.
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ROGER T. HUNT
United States District Judge