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.