Opinion
23-cr-20098
03-06-2024
UNITED STATES OF AMERICA, Plaintiff, v. TROY L. LYLE, Defendant.
ORDER STRIKING REPRESENTED DEFENDANT'S MOTION (ECF No. 36)
F. Kay Behm United States District Judge
Before the court is Defendant Troy L. Lyle's “Motion to Dismissal [sic] Violation of Speedy Trial Act in Pursuant to U.S.C. 3161 & 3162.” (ECF No. 36). Defendant is currently represented by counsel and, accordingly, his counsel must file any motions on his behalf. See e.g., United States v. Hamilton, 2018 WL 10075601, at *1 (E.D. Mich. Jan. 11, 2018) (“It is well-established law in the Sixth Circuit that a criminal defendant cannot proceed with hybrid representation, whereby he asserts both the right to proceed pro se and the right to counsel - he must choose one or the other.”). As part of the latitude accorded to district courts to manage their own dockets, courts may bar filings submitted by an individual when that individual is represented by counsel. See United States v. Agofsky, 20 F.3d 866, 872 (8th Cir. 1994) (finding no error in the court's refusal to consider pro se motion where defendant was represented by counsel.).
Attorney Kimberly W. Stout has been representing Defendant since May 5, 2023. (See Text-Only Notice of CJA Attorney Appointment, May 5, 2023).
Defendant's counsel has seven days in which to indicate on the docket whether she is adopting this request. If counsel does not adopt the request, it will be stricken from the record as improvidently filed.
SO ORDERED.