Johnson v. Boyer

Filing 1

ORDER signed by Judge Garland E. Burrell, Jr. on 11/17/2010 [SEE CASE 2:10-CR-90 GEB]: ORDERING Johnson's challenge to the order denying bail is DISREGARDED and deemed STRICKEN. Johnson also complains about certain conditions of his confinement in his "Petition for Writ of Habeas Corpus." This portion of his 11/15/2010 filing shall be opened as a pro se civil rights case by filing what Johnson characterizes as a "Petition for Writ of HC" in that civil action. A copy of t his order shall also be filed in that civil action [2:10-CV-3102 KJM PC]. Further, a copy of this order shall be served on Johnson at the address on the first page of his "Petition for Writ of HC." as to Gabriel Benjamin Johnson. (Reader, L)

(PC)Johnson v. Boyer

Doc. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 15, 2010, Defendant Gabriel Johnson ("Johnson") filed the attached "Petition for Writ of Habeas Corpus" in which he challenges the order denying him bail in this criminal action. Johnson v. GABRIEL JOHNSON, Defendant. ________________________________ UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) 2:10-cr-00090-GEB ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

purports to proceed in propria persona while at the same time he is represented by counsel. "A criminal defendant does not have an absolute

right to both self-representation and the assistance of counsel. Whether to allow hybrid representation remains within the sound discretion of the trial judge." U.S. v. Halbert, 640 F.2d 1000, 1009 (9th Cir. 1981) (citations omitted, emphasis added). "Thus, defendants generally must choose to proceed pro se or with counsel." United States v. McKinzie, No. 2:95-cr-00021-01, 2009 WL 151079, at *1 (S.D.W. Va. 2009). Johnson is not authorized to engage in hybrid representation in this criminal case. Therefore, Johnson's challenge to the order denying bail is disregarded and deemed stricken. Johnson also complains about certain conditions of his

confinement in his "Petition for Writ of Habeas Corpus."

This portion

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of his November 15, 2010 filing shall be opened as a pro se civil rights case by filing what Johnson characterizes as a "Petition for Writ of Habeas Corpus" in that civil action. A copy of this order shall also be

filed in that civil action. Further, a copy of this order shall be served on Johnson at the address on the first page of his "Petition for Writ of Habeas Corpus." Dated: November 17, 2010

GARLAND E. BURRELL, JR. United States District Judge

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