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U.S. v. Libbett

United States District Court, W.D. New York
Jan 7, 2008
05-CR-6069L (W.D.N.Y. Jan. 7, 2008)

Opinion

05-CR-6069L.

January 7, 2008


DECISION AND ORDER


Defendant, Eugene Libbett ("Libbett"), was sentenced on his guilty plea principally to 110 months imprisonment on February 28, 2007. Libbett duly filed a notice of appeal.

Libbett has now filed a pro se motion (Dkt. #68) which he styles as a "Petition Request for Leave to File Writ of Mandamus Seeking Ineffective Assistance of Counsel." He moves pursuant to Rule 21 of the Federal Rules of Appellate Procedure.

The motion/petition (Dkt. #68) is in all respects denied. There is no such procedure as a writ "seeking ineffective assistance of counsel." If Libbett wishes to raise ineffective assistance of counsel, he can attempt to do so on his direct appeal or in a collateral proceeding, pursuant to 28 U.S.C. § 2255.

CONCLUSION

The motion/petition (Dkt. #68) of Eugene Libbett is in all respects denied. Plaintiff's motion to proceed in forma pauperis (Dkt. #69) is denied as moot.

IT IS SO ORDERED.


Summaries of

U.S. v. Libbett

United States District Court, W.D. New York
Jan 7, 2008
05-CR-6069L (W.D.N.Y. Jan. 7, 2008)
Case details for

U.S. v. Libbett

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. EUGENE LIBBETT, Defendant

Court:United States District Court, W.D. New York

Date published: Jan 7, 2008

Citations

05-CR-6069L (W.D.N.Y. Jan. 7, 2008)