Opinion
CRIMINAL ACTION 1:24-00062
06-14-2024
UNITED STATES OF AMERICA v. TONY LASHON CLEVELAND, JR.
MEMORANDUM OPINION AND ORDER
DAVID A. FABER SENIOR UNITED STATES DISTRICT JUDGE
Pending before the court is defendant's pro se motion to be housed at Southern Regional Jail until sentenced. See ECF No. 19. Defendant is currently a sentenced federal prisoner, housed at FCI McDowell, and awaiting trial on a new federal charge. He is also currently represented in this matter by William S. Winfrey, II. Therefore, the court is under no obligation to consider defendant's motion and the issues he raises therein. See United States v. Hammond, 821 Fed.Appx. 203, 207 (4th Cir. 2020) (“[A] district court is under no obligation to consider a defendant's pro se motion when he is represented by counsel.”). Accordingly, the motion is DENIED. Should defendant wish to renew his motion, he needs to do so through Mr. Winfrey who will be able to explain to him whether doing so is appropriate.
The Clerk is directed to send a copy of this Order to counsel of record, the Probation Office of this court, and the United States Marshal for the Southern District of West Virginia. Mr. Winfrey is directed to provide a copy of the court's Order to defendant.
It is SO ORDERED.