Opinion
2:12-cr-00360-JCM-VCF
05-21-2013
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT PEREZ, Defendant.
ORDER
[Defendant's Demand for Production. (#38).]
Before the Court is Defendant's Demand for Production. (#38).
A. Background
Defendant made his initial appearance on September 14, 2012 and Federal Public Defender, Elisa Vasquez, Esq., was appointed as counsel of record. (#4). Government moved for detention and Defendant was remanded to custody. Id. On September 24, 2012, Assistant Federal Public Defender, Rebecca A. Rosenstein, Esq., filed a Notice of Appearance as counsel for Defendant. (#15). Defendant appeared before the court on October 5, 2012, for his arraignment and plea and Defendant pleaded not guilty to Counts 1 and 2. (#25). Jury trial was scheduled for December 3, 2012. Id. The jury trial was continued to March 11, 2013. (#28). On February 6, 2013, jury trial was continued to June 17, 2013. (#33).
B. Motion
Defendant Perez filed the instant motion on his own behalf. (#38). He is demanding production of the Grand Jury Foreperson's wet ink signature on the Grand Jury Indictment. Id.
C. Discussion
Pursuant to Local Rule IA 10-6(a), "[a] party who has appeared by attorney cannot while so represented appear or act in the case. An attorney who has appeared for a party shall be recognized by the Court and all the parties as having control of the client's case." As Ms. Rosenstein is Defendant's counsel of record (#15) and has not filed a motion to withdraw as counsel, Defendant may not file motions on his own behalf. See Local Rule IA 10-6(a). The motion filed by Defendant as stated above are deemed improper and stricken.
Accordingly,
IT IS ORDERED that Defendant's Demand for Production (#38) is hereby STRICKEN.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE