Kelly v. Solomon et al
Filing
94
ORDER striking as unauthorized pro se filings 92 Motion for Preliminary Injunction, Compensatory Declaration Injunctive Relief and/or Punitive Damages, Pain and Suffer, Mental Anguish and 93 Motion to Amend/Correct. Signed by District Judge Frank D. Whitney on 8/20/2020. (brl)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-311-FDW
WILLIE T. KELLY, JR.,
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Plaintiff,
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vs.
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GEORGE T. SOLOMON, et al.,
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Defendants.
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____________________________________)
ORDER
THIS MATTER is before the Court on Plaintiff’s pro se “Motion for a Preliminary
Injunction/ for Compensatory Declaration Injunctive Relief and/or Punitive Damages,” (Doc. No.
92), and “Motion for a Preliminary Injunction for Compensatory, Declaration Injunctive Relief
and/or Punitive Damages, Pain & Suffer Mental Anguish … Motion to Amend,” (Doc. No. 93).
Plaintiff initiated this civil rights suit pursuant to 42 U.S.C. § 1983 pro se, but he is now
represented by counsel. See (Doc. No. 90). There is no right to “hybrid representation” in which
defendant is represented both by himself and by counsel. McKaskle v. Wiggins, 465 U.S. 168, 183
(1984); see Cain v. Peters, 972 F.2d 748, 750 (7th Cir.1992) (representation by counsel and selfrepresentation are mutually exclusive entitlements in light of McKaskle). Counsel has not adopted
Plaintiff’s pro se filings, and therefore, they will be stricken.
IT IS, THEREFORE, ORDERED that Plaintiff’s pro se “Motion for a Preliminary
Injunction/ for Compensatory Declaration Injunctive Relief and/or Punitive Damages,” (Doc. No.
92), and “Motion for a Preliminary Injunction for Compensatory, Declaration Injunctive Relief
and/or Punitive Damages, Pain & Suffer Mental Anguish … Motion to Amend,” (Doc. No. 93),
are STRICKEN as an unauthorized pro se filings.
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Signed: August 20, 2020
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