Jones v. Johnson et al

Filing 47

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's pro se motion for leave to proceed in forma pauperis on appeal 45 is STRICKEN from the record. IT IS FURTHER ORDERED that plaintiff shall not submit any future pro se pleadings, motions, or other papers while he is represented by counsel in this action. Signed by Honorable Henry E. Autrey on 12/10/09. (copy of order mailed to Plaintiff)(TRC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EUGENE KENNETH JONES, Plaintiff, v. MARVIN JOHNSON, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 4:09CV118 HEA

MEMORANDUM AND ORDER This matter is before the Court on plaintiff's pro se motion for leave to proceed in forma pauperis on appeal.1 Plaintiff is represented by counsel in this matter. A civil plaintiff "has no constitutional or other right to conduct his own case pro se and have the aid of counsel to speak and argue for him at the same time." Brasier v. Jeary, 256 F.2d 474, 478 (8th Cir. 1958); see also Fed. R. Civ. P. 11(a) (requiring signature of attorney of record on all pleadings and motions). As a result, the Court will strike the motion from the record. Accordingly, IT IS HEREBY ORDERED that plaintiff's pro se motion for leave to proceed in forma pauperis on appeal [#45] is STRICKEN from the record.

Plaintiff's pro se notice of appeal is interlocutory, as no final judgment has been entered in this action.

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IT IS FURTHER ORDERED that plaintiff shall not submit any future pro se pleadings, motions, or other papers while he is represented by counsel in this action. Dated this 10th day of December, 2009.

HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

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