Opinion
Civil Action No. 04-207-JBC, Criminal Action No. 99-33-JBC.
April 4, 2006
MEMORANDUM OPINION AND ORDER
This matter is before the court on defendant Terry Wayne Cope's objections to the magistrate judge's report and recommendation, on his motion for leave to file pro se objections to the magistrate judge's report and recommendation, and on his motion for pro se discovery.
In the federal courts, a party may plead his case either personally or by counsel. 28 U.S.C. § 1654; United States v. Mosely, 810 F.2d 93, 97 (6th Cir. 1987). However, there is no right to hybrid representation. A defendant may allow counsel to act on his behalf, or he may proceed pro se. However, the court need not consider the defendant's pro se filings where the defendant is represented by counsel. Mosely, 810 F.2d at 97. See also Lee v. State of Alabama, 406 F.2d 466, 469 (5th Cir. 1968) (specifically discussing habeas corpus); Estrada v. Cockrell, 2003 WL 21488224 (N.D. Tex. 2003); Donovan v. State of Maine, 2001 WL 179887 (D. Me. 2001). In this case, counsel has filed the motion for relief under § 2255 and has filed objections to the magistrate judge's report and recommendation. The defendant has not objected to counsel acting on his behalf. Therefore, the court will strike the defendant's pro se objections to the report and recommendation and deny his pro se motion for discovery.
Having reviewed the record de novo in light of the petitioner's objections, the court will adopt the magistrate judge's report and recommendation concerning the defendant's motions under 28 U.S.C. § 2255 and Fed.R.Crim.P. 33. Accordingly,
IT IS ORDERED that the magistrate judge's report and recommendation (DE 291) is ADOPTED as the opinion of the court. As per the report and recommendation, the court will hold a hearing on May 12, 2006 at 1:30 p.m. in Lexington. The hearing will address four matters: the defendant's claims that (1) trial failed to interview Judy Woods and discover the existence of a credible alibi despite being told by the defendant to do so; (2) trial counsel failed to prepare, present, and argue an alibi defense; (3) trial counsel failed to investigate or present evidence concerning the condition of the van; and (4) trial counsel admitted his guilt during closing argument without the defendant's prior knowledge or consent.
IT IS FURTHER ORDERED that the defendant's motion for leave to file pro se objections to the report and recommendation (DE 300) is DENIED. IT IS FURTHER ORDERED that the defendant's pro se motion for discovery (DE 302) is DENIED.