Thompson v. Ryker, et. al

Filing 33

MEMORANDUM AND ORDER Granting 32 MOTION to Strike 31 MOTION for Speed Trial filed by Bryan Purdue. STRIKING 31 MOTION for Speed Trial filed by Stanton J Thompson. Signed by Judge J. Phil Gilbert on 3/20/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STANTON J. THOMPSON,
Plaintiff,
v.

Case No. 10-cv-436-JPG

LEE RYKER, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Bryan Purdue’s motion to strike
plaintiff Stanton J. Thompson’s pro se motion (Doc. 31) on the grounds that Thompson is now
represented by counsel Theodore R. Bynum, but Bynum has not signed the motion in accordance
with Federal Rule of Civil Procedure 11 (Doc. 32).
A defendant does not have a right to file his own motions when he is represented by
counsel. See Hayes v. Hawes, 921 F.2d 100, 102 (7th Cir. 1990) (per curiam). “Representation
by counsel and self-representation are mutually exclusive.” Cain v. Peters, 972 F.2d 748, 750
(7th Cir. 1992). So-called “hybrid representation” confuses and extends matters at trial and in
other proceedings and, therefore, it is forbidden. See United States v. Oreye, 263 F.3d 669, 67273 (7th Cir. 2001). The Court may strike as improper any such pro se motions. See, e.g., United
States v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). The Court hereby GRANTS Purdue’s
motion to strike (Doc. 32) and ORDERS that Thompson’s motion (Doc. 31) be STRICKEN.
IT IS SO ORDERED.
DATED: March 20, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE