Gibson v. Campbell et al

Filing 355

MINUTE ORDER; Plaintiff's 353 Request to be told of trial since Settlement Conference cancelled is STRICKEN, by Magistrate Judge Kristen L. Mix on 1/14/2013.(klmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-00983-WYD-KLM
WELLMAN E. GIBSON,
Plaintiff,
v.
ANNA MARIE CAMPBELL,
C. HOLST, AIC,
SHIRLEY STEINBECK,
MARSHALL GRIFFITH,
LT. STEINBECK, and
DOCTOR ASSEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Request To Be Told of Trial Since
Settlement Conference Cancelled [Docket No. 353; January 11, 2013] (“Motion”).
Plaintiff filed the Motion pro se even though he is represented by counsel. A represented
party may not appear or act in his own behalf. See 28 U.S.C. § 1653 (stating that in all
United States courts a party may plead and conduct his own case or through counsel)
(emphasis added); McCullough v. Velez, 364 F.3d 1, 5 (1st Cir. 2004) (holding that “[a] party
has a right to represent himself or to be represented by an attorney, but he cannot have it
both ways.” Because Plaintiff is represented by counsel, he is not permitted to submit pro
se filings. Accordingly,
IT IS HEREBY ORDERED that the Motion [#353] is STRICKEN.
Dated: January 14, 2013