Opinion
NO. 5:09-CV-44 (HL).
February 4, 2009
ORDER
Petitioner DERRICK BERNARD JACKSON is a federal pretrial detainee who is awaiting trial in this Court on charges of conspiracy to defraud the Government and false claims against the Government (Criminal Action Number 5:08-cr-41 (CAR)). He has submitted to the Court a "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241," in which petitioner alleges that the federal indictment against him should be dismissed.
If petitioner wishes to challenge his federal indictment, he must do so in his criminal case, not in a separate civil action. Accordingly, petitioner's habeas petition is DISMISSED.
Because petitioner is represented by counsel, his attorney should handle this process, not petitioner. Cross v. United States , 893 F.2d 1287, 1291-92 (11th Cir. 1990) (an individual does not have a right to hybrid representation); Mitchell v. Senkowski , 489 F.Supp.2d 147, 148-49 (N.D.N.Y. 2006) (denying pro se civil rights plaintiff's F.R.Civ.P. 60(b) motion, following adoption of R R, because plaintiff was still represented by counsel and court did not permit hybrid representation).
SO ORDERED.