Jones v. Kuppinger et al

Filing 157

ORDER signed by Magistrate Judge Allison Claire on 10/19/18 ORDERING plaintiff is admonished to refrain from filing further matters in the case pro se. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY A. JONES, 12 Plaintiff, 13 14 No. 2:13-cv-0451 AC P v. ORDER P. KUPPINGER, et al., 15 Defendants. 16 Plaintiff Henry Jones is a state prisoner proceeding with appointed counsel in this civil 17 18 rights action. Plaintiff has filed a pro se “motion” informing the court that he will be acting as co- 19 counsel. See ECF No. 154. As this court has previously informed plaintiff, the court will not consider a pro se filing 20 21 from a party who is represented by counsel. See e.g. McCullough v. Graber, 726 F.3d 1057, 1059 22 n.1 (9th Cir. 2013) (declining to consider pro se letters from habeas petitioner because he was 23 represented by counsel); Rosenblum v. Campbell, 370 Fed. Appx. 782, at *1 (9th Cir. 2010) 24 (“Because [petitioner] is represented by counsel, only counsel may submit filings.”). Moreover, prisoners have no right to serve as co-counsel to their appointed counsel, even 25 26 on criminal appeals. See Meeks v. California Dept. of Corrections, 5 F.3d 538 (9th Cir. 1993) 27 (Table), 1993 WL 330724, 1993 U.S. App. LEXIS 30804. 28 //// 1 1 Plaintiff is admonished to refrain from filing further matters in this case pro se. Failure to 2 abide by this admonition may result in the imposition of sanctions. 3 DATED: October 19, 2018 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 2

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