Opinion
Criminal Case No. 10-cr-00317-REB-01
11-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. CURTIS L. MORRIS, Defendant.
Judge Robert E. Blackburn
ORDER STRIKING UNAUTHORIZED PRO SE NOTICES
Blackburn, J.
The matter is before me sua sponte concerning the latest in an unmitigated series of unauthorized notices [#345] and [#346] filed pro se by defendant, Curtis L. Morris, on November 1, 2011. Consistent with my orders entered beginning August 23, 2011, I strike the unauthorized and contumacious notices.
"[#325]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
As I held in my Order [#272] entered August 23, 2011, and repeated in my Order [#277] entered August 30, 2011, and rehearsed in my Order [#313] entered September 29, 2011, and reiterated in my Order [#317] entered October 3, 2011, and perseverated in my Order [#327] entered October 18, 2011, and asseverated in my Order [#332] entered October 19, 2011, when a defendant is represented by counsel, as Mr. Morris is, this court will not accept pro se filings from that defendant. Such pro se filings are improper, whether in the form of a notice, a motion, or otherwise. See United States v. Nichols, 374 F.3d 959, 964 n.2 (10th Cir. 2004) (citing United States v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992)), reviewed on other grounds, 125 S.Ct. 1082 (2005).
Additionally, and in my Order [#277] entered August 30, 2011, I provided expressly,
That subject to the penalties for contempt of court, including, but not limited to incarceration and/or the payment of fines, costs, and/or attorney fees the defendant, Curtis L. Morris, is ENJOINED and RESTRAINED from filing or attempting to file papers in this action other than by or through his attorney of record.Order [#277] at 2, ¶ 3. (Emphasis in original).
In my Order [#317] entered October 3, 2011, I again provided expressly,Order [#317] at 2, ¶ 2. (Emphasis in original).
That subject to the penalties for contempt of court, as long as the defendant, Curtis L. Morris, is represented in this action by an attorney, he is ENJOINED and RESTRAINED from filing papers in any form in this action without the advance permission of this court.
Furthermore, in my Order [#327] entered October 18, 2011, I again provided expressly,
That subject to the penalties for contempt of court, as long as the defendant, Curtis L. Morris, is represented in this action by an attorney, he is ENJOINED and RESTRAINED from filing papers in any form in this action without the advance permission of this court.Order [#327] at 2, ¶ 2. (Emphasis in original).
Finally, in my Order [#332] entered October 19, 2011, I again provided expressly,
That subject to the penalties for contempt of court, as long as the defendant, Curtis L. Morris, is represented in this action by an attorney, he is ENJOINED and RESTRAINED from filing papers in any form in this action without the advance permission of this court.Order [#332] at 2, ¶ 2. (Emphasis in original).
Accordingly, the filing of these latest notices appears to constitute yet another blatant violation of my orders [#277], [#317], [#327], and [#332]. In turn, the filing of these latest unauthorized notices in violation of my orders constitutes yet another ostensible contempt of court. Thus, an order to show cause should issue requiring Mr. Morris to show cause why he should not be held in contempt of this court and punished accordingly.
THEREFORE, IT IS ORDERED as follows:
1. That the unauthorized notices [#345] and [#346] filed pro se by defendant, Curtis L. Morris, on November 1, 2011, are STRICKEN; and
2. That subject to the penalties for contempt of court, as long as the defendant, Curtis L. Morris, is represented in this action by an attorney, he is ENJOINED and RESTRAINED from filing or attempting to file papers in any form in this action without the advance permission of this court.
Dated November 8, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge