From Casetext: Smarter Legal Research

Jackson v. U.S. Marshal's Service

United States District Court, M.D. Georgia, Macon Division
Feb 4, 2009
NO. 5:09-CV-44 (HL) (M.D. Ga. Feb. 4, 2009)

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.


Summaries of

Jackson v. U.S. Marshal's Service

United States District Court, M.D. Georgia, Macon Division
Feb 4, 2009
NO. 5:09-CV-44 (HL) (M.D. Ga. Feb. 4, 2009)
Case details for

Jackson v. U.S. Marshal's Service

Case Details

Full title:DERRICK B. JACKSON, Petitioner v. UNITED STATES MARSHAL'S SERVICE…

Court:United States District Court, M.D. Georgia, Macon Division

Date published: Feb 4, 2009

Citations

NO. 5:09-CV-44 (HL) (M.D. Ga. Feb. 4, 2009)