Opinion
No. 05-2019-CM.
October 22, 2007
MEMORANDUM AND ORDER
Plaintiff Thomas E. Scherer brought this pro se action against defendants Merck Co., David R. Barry/United States of America, and the State of Kansas. This action is before the court on plaintiff's pro se filing, titled "Motion to Dismiss Michael J. Gunter" (Doc. 242).
Although plaintiff filed this action pro se, Michael J. Gunter filed an Entry of Appearance on behalf of plaintiff (Doc. 239) on September 24, 2007. After that filing, plaintiff, acting pro se, signed and filed a Stipulation of Dismissal (Doc. 241) and the present filing (Doc. 242).
Following the Tenth Circuit, this court does not accept pro se filings from parties that are represented by counsel. United States v. Hildreth, 485 F.3d 1120, 1125 (10th Cir. 2007) (citing United States v. Pearl, 324 F.3d 1210, 1216 (10th Cir. 2003); United States v. McDermott, 64 F.3d 1448, 1450 n. 1 (10th Cir. 1995); United States v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992)). Consequently, plaintiff's present pro se filing must be denied as moot.
If plaintiff wishes to resume representing himself pro se, then plaintiff should contact his counsel in this case about whether it would be appropriate for counsel to file a motion to withdraw as counsel. If plaintiff and his counsel determine that such a motion is appropriate and the motion is filed by counsel, plaintiff could then represent himself by filing a stipulation of dismissal or taking other appropriate action in this case. If plaintiff and his counsel are not able to resolve whether a motion to withdraw is appropriate, counsel should so notify this court.
IT IS THEREFORE ORDERED that plaintiff's pro se filing (Doc. 242) is denied as moot.