Opinion
Civil Action No. 09-00983-WYD-KLM
01-14-2013
WELLMAN E. GIBSON, Plaintiff, v. ANNA MARIE CAMPBELL, C. HOLST, AIC, SHIRLEY STEINBECK, MARSHALL GRIFFITH, LT. STEINBECK, and DOCTOR ASSEN, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Request To Be Told of Trial Since Settlement Conference Cancelled [Docket No. 353; January 11, 2013] ("Motion"). Plaintiff filed the Motion pro se even though he is represented by counsel. A represented party may not appear or act in his own behalf. See 28 U.S.C. § 1653 (stating that in all United States courts a party may plead and conduct his own case or through counsel) (emphasis added); McCullough v. Velez, 364 F.3d 1, 5 (1st Cir. 2004) (holding that "[a] party has a right to represent himself or to be represented by an attorney, but he cannot have it both ways." Because Plaintiff is represented by counsel, he is not permitted to submit pro se filings. Accordingly,
IT IS HEREBY ORDERED that the Motion [#353] is STRICKEN.