Toscano v. Lewis et al

Filing 334

ORDER by Judge Edward M. Chen Denying 331 332 Plaintiff's Pro Se Motions. (emcsec, COURT STAFF) (Filed on 2/21/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BENJAMIN K. TOSCANO,

Case No. 12-cv-05893-EMC

Plaintiff,

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ORDER

v.

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Docket Nos. 331, 332
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G. D. LEWIS, et al.,
Defendants.

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For the Northern District of California

United States District Court

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On January 30, 2017, the Court appointed counsel to represent Plaintiff in pretrial

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proceedings and at trial. Thereafter, Plaintiff filed a pro se motion for a copy of the memorandum

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sent to the Federal Pro Bono Project – his seventh such motion – and a pro se motion for

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clarification of a deadline for experts. Plaintiff’s pro se motions are DENIED. (Docket Nos. 331

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and 332.) Now that Plaintiff is represented by counsel, the Court will not entertain pro se filings

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from him. When a litigant is represented by an attorney, the Court will not accept motions and

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requests from the litigant himself (other than a request to discharge the attorney who is

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representing him). See generally United States v. Mujahid, 799 F.3d 1228, 1236 (9th Cir. 2015)

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(district court acted within its discretion in declining to grant request made pro se by a litigant who

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was then represented by counsel); McCullough v. Graber, 726 F.3d 1057, 1059 n.1 (9th Cir. 2013)

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(declining to consider pro se letters from habeas petitioner because he was represented by

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counsel); Rosenblum v. Campbell, 370 F. App’x 782 (9th Cir. 2010) (denying petitioner’s motion

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for leave to file a pro se supplemental brief; “[b]ecause [petitioner] is represented by counsel, only

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counsel may submit filings.”) Plaintiff may not file any more pro se motions as long as he is

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represented by counsel.

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IT IS SO ORDERED.

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Dated: February 21, 2017
______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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