Opinion
21-cr-20283
01-18-2024
United States of America, Plaintiff, v. Ken Kenyatta Wilson, Defendant.
DAVID R. GRAND, MAG. JUDGE
ORDER STRIKING DEFENDANT'S PRO SE FILING [51]
JUDITH E. LEVY, UNITED STATES DISTRICT JUDGE
This case is before the Court on a pro se filing submitted by Defendant Ken Kenyatta Wilson. (ECF No. 51.) The indictment charges Wilson with (1) bank robbery, in violation of 18 U.S.C. § 2113(a) (Count 1); (2) possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) (Count 2); and (3) felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (Count 3). (ECF No. 1.) Wilson has been represented by attorney Linda D. Ashford since August 1, 2022.
On February 18, 2022, the Court issued an order finding that “Wilson is incompetent to stand trial with respect to the charges he is facing in this criminal action.” (ECF No. 22, PageID.206.) The Court therefore ordered that Wilson be committed to the custody of the Attorney General under 18 U.S.C. § 4241(d). (See Id. at PageID.206-207.)
Wilson was initially represented by attorney Matt Savich. On July 27, 2022, the Court granted Attorney Savich's motion to withdraw as counsel. (See ECF No. 33.)
Wilson's submission is a letter directed to the Court that is signed by Wilson and dated January 4, 2024. (ECF No. 51, PageID.480.) The body of the letter states in full:
Wilson's letter was filed on the docket by the Clerk's Office on January 16, 2024.
The defendant has been subjected to indefinite commitment at USMCFP Springfield, Missouri for four (4) consecutive periods of time without progress. “Furthermore, even if it is determined that the defendant probably soon will be able to stand trial, his continued commitment must be justified by progress toward that goal.” Jackson VS. Indiana, 406 U.S. 715, 738, 32 L.Ed.2d 435, 92 S.Ct. 1845 (1972). The defendant asks Your Honor to not grant the AUSA or the Doctor another extention [sic] of time.(Id.) On the second page of his filing, beneath the words “PROOF OF SERVICE,” Wilson indicates that he mailed a copy of the letter to the Court, “AUSA Sarah A. Youngblood,” and “Attorney Linda D. Ashford.” (Id. at PageID.481.)
Wilson submitted his pro se filing-in which he asks that the Court not grant a future extension of his commitment period-while represented by Attorney Ashford. On June 15, 2022, the Court previously struck from the docket pro se filings submitted by Wilson when he was represented by prior counsel because “the Court [did] not allow Wilson to both represent himself and be represented by counsel.” (ECF No. 27, PageID.226.) On two other occasions-April 25, 2023 (ECF No. 42) and September 12, 2023 (ECF No. 46)-the Court struck from the docket additional pro se filings Wilson submitted when he was represented by Attorney Ashford. For the reasons set forth in the Court's June 15, 2022 Order (ECF No. 27), which the Court incorporates here by reference, the Court again does not allow Wilson to proceed in a hybrid manner. Accordingly, Wilson's most recent pro se filing (ECF No. 51) is stricken. The Court recommends that Wilson communicate with his lawyer about any issues or requests he would like the Court to consider.
Wilson is currently “committed to the custody of the Attorney General for continued treatment through February 15, 2024.” (ECF No. 49, PageID.477.)
IT IS SO ORDERED.