Williams v. Wasco State Prison et al

Filing 82

ORDER STRIKING 81 Motion for Extension of Time to Hold Evidentiary Hearing signed by Magistrate Judge Michael J. Seng on 10/11/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

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Plaintiff,
v.
WASCO STATE PRISON, et al.,

CASE NO. 1:14-cv-01714 DAD MJS (PC)
ORDER
STRIKING
MOTION
FOR
EXTENSION OF TIME TO HOLD
EVIDENTIARY HEARING
(ECF No. 81)

Defendants.

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Plaintiff Lance Williams is a prisoner proceeding in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter is scheduled for an evidentiary

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hearing on December 13, 2017. (ECF No. 79.) Plaintiff is currently represented by

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counsel. (ECF No. 68.)

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On October 10, 2017, Plaintiff filed, in propria persona, a motion to extend the
time for holding the evidentiary hearing. (ECF No. 81.)
By filing a motion pro se, Plaintiff has engaged in hybrid representation without

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prior authorization. Consideration of pro se motions in this case would defeat the

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purpose of Plaintiff’s representation by counsel and unduly burden the court. A court

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need not consider pro se motions filed by a party who remains represented by counsel.

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See United States. v. El–Alamin, 574 F.3d 915, 923 (8th Cir. 2009); United States v.

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Hildreth, 485 F.3d 1120, 1125 (10th Cir. 2007); United States v. Vampire Nation, 451

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F.3d 189, 206 n. 17 (3rd Cir. 2006); Abdullah v. United States, 240 F.3d 683, 686 (8th

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Cir. 2001); Ennis v. LeFevre, 560 F.2d 1072 (2d Cir. 1977); Le v. Almager, No. C 08–

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03293 SBA, 2013 WL 415632 (N.D. Cal. Jan. 31, 2013); United States v. Hoang Ai Le,

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No. 2:99–cr–433 WBS, No. 2:16–cv–1090 WBS AC, 2016 WL 9447193 (E.D. Cal. July

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25, 2016). See also see also United States v. Olano, 62 F.3d 1180, 1193 (9th Cir. 1995)

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(holding that a criminal defendant does not have the right to proceed pro se when

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represented by counsel); United States v. Williams, 791 F.2d 1383, 1389 (9th Cir. 1986)

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(citation omitted) (“Whether to allow hybrid representation, where the accused assumes

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some of the lawyer's functions, is within the sound discretion of the judge.”); United

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States v. Bergman, 813 F.2d 1027, 1030 (9th Cir. 1987) (“A criminal defendant does not

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have the right to simultaneous self-representation and the assistance of counsel.”).

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The Court notes further that Plaintiff’s motion is dated August 27, 2017 and

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requests an extension of time beyond the previously calendared November 3, 2017

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evidentiary hearing date. (ECF No. 81.) On September 5, 2017, the Court moved the

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date of the evidentiary hearing from November 3, 2017 to December 13, 2017. (ECF No.

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79.) Accordingly, it appears that Plaintiff’s request is moot.

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For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s pro se
motion for extension of time to hold evidentiary hearing (ECF No. 81) is STRICKEN.

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IT IS SO ORDERED.
Dated:

October 11, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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