U.S. v. Morris

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 1. CURTIS L. MORRIS, Defendant

Court: United States District Court, D. Colorado

Date published: Sep 29, 2011

Criminal Case No. 10-cr-00317-REB-01 (D. Colo. Sep. 29, 2011)

Opinion

Criminal Case No. 10-cr-00317-REB-01.

September 29, 2011

ORDER

ROBERT BLACKBURN, District Judge

The matter is before me on defendant's Notice of Taking For Value of Public Offer For Discharge of Defendant Curtis L. Morris [#312]¹ filed September 28, 2011. I strike the notice.

1 "[#312]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

When a defendant is represented by counsel, as Mr. Morris is, this court will not accept pro se filings from that defendant. Such a pro se filing is improper. See United States v. Nichols , 374 F.3d 959, 964 n. 2 (10^th Cir. 2004) (citing United States v. Guadalupe , 979 F.2d 790, 795 (10^th Cir. 1992)), reviewed on other grounds, 125 S.Ct. 1082 (2005).

Additionally, the paper filed by Mr. Morris purports to be a notice, However, it both seeks and demands relief from this court. Therefore, the paper is a motion subject to the criminal practice standards and extant orders of this court and the Federal Rules of Criminal Procedure, specifically, Rules 12 and 47.² THEREFORE, IT IS ORDERED defendant's Notice of Taking For Value of Public Offer For Discharge of Defendant Curtis L. Morris [#312] filed September 28, 2011, is STRICKEN.

2 For further analysis of this issue, see my Order [#235] entered May 17, 2011, at pages 2-3.