EVERETT v. LOCKETT

Filing 12

Entry Concerning Selected Matters; The motion for notification 10 signed by Darnell Moon requests the court to recognize Mr. Moon as petitioners "jailhouse lawyer" and to accept all motions and briefs filed by Mr. Moon on Mr. Everett 9;s behalf. This request 10 is denied because pursuant to Rule 11 of the Federal Rules of Civil Procedure, every filing must be signed by an attorney of record or by the unrepresented party. Mr. Moon has not appeared as an attorney licensed to prac tice in this district and a non-attorney cannot represent an individual in federal court. In addition to the motion for notification, Mr. Moon"filed" a motion for enlargement of time to file a reply. This motion 11 is denied for two rea sons: 1) the motion is not signed by the petitioner, Mr. Everett, and 2) the motion is premature because the respondent has not yet filed his response to the petition for a writ of habeas corpus. The petitioners reply is due thirty days after service of the respondent's response. Signed by Judge Jane Magnus-Stinson on 6/14/2011.(copy to petitioner via U. S. mail (VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DUVELL MOZART EVERETT,
Petitioner,
vs.
CHARLES LOCKET,
Respondent.

)
)
)
)
)
)
)
)

2:11-cv-080-JMS-MJD

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are pending,
makes the following rulings:
1.

The motion for notification [10] signed by Darnell Moon requests the court to
recognize Mr. Moon as petitioner’s “jailhouse lawyer” and to accept all
motions and briefs filed by Mr. Moon on Mr. Everett’s behalf. This request
[10] is denied because pursuant to Rule 11 of the Federal Rules of Civil
Procedure, every filing must be signed by an attorney of record or by the
unrepresented party. Mr. Moon has not appeared as an attorney licensed to
practice in this district and a non-attorney cannot represent an individual in
federal court.

2.

In addition to the motion for notification, Mr. Moon “filed” a motion for
enlargement of time to file a reply. This motion [11] is denied for two
reasons: 1) the motion is not signed by the petitioner, Mr. Everett, and 2) the
motion is premature because the respondent has not yet filed his response
to the petition for a writ of habeas corpus. The petitioner’s reply is due thirty
days after service of the respondent’s response.

IT IS SO ORDERED.

Date:

06/14/2011
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Gerald A. Coraz
UNITED STATES ATTORNEY'S OFFICE
[e-mail]
DUVELL MOZART EVERETT
No. 33321-183
TERRE HAUTE - USP
U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808