Opinion
CRIMINAL 20-20341
02-14-2022
United States of America, Plaintiff, v. Dwight Perry, Defendant.
ORDER STRIKING DOCKET ENTRY NO. 113
Sean F. Cox United States District Judge
In this criminal action, Defendant Dwight Perry (“Defendant”) is represented by counsel. Nevertheless, acting pro se, Defendant filed a “Motion For Relief Of Judgment Pursuant To Civil Rule 60(B).” (ECF No. 113).
Since Defendant has counsel, Defendant is attempting to proceed in a “hybrid” fashion, both through his counsel and pro se by way of his motion. See McKaskle v. Wiggins, 465 U.S. 168, 183 (1984). Although the Sixth Amendment guarantees defendants the right to conduct their own defense and even represent themselves, see Farretta v. California, the right of self-representation does not include the right to proceed in a hybrid manner. McKaskle, 465 U.S. at 183; see also United States v. Mosely, 810 F.2d 93, 97-98 (6th Cir. 1987). This Court will not allow Defendant to proceed in a hybrid manner in this action will therefore strike Defendant's pro se submission. Defendant may seek relief from this Court through his counsel.
Accordingly, IT IS ORDERED that ECF No. 113 is hereby STRICKEN from the docket.
IT IS SO ORDERED.