Franklin v. Warden, Mansfield Correctional Institution

Filing 164

DECISION AND ORDER STRIKING PRO SE MOTION TO WITHDRAW REFERENCE. Signed by Magistrate Judge Michael R Merz on 1/30/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTONIO SANCHEZ FRANKLIN,
Petitioner,

:

Case No. 3:04-cv-187

- vs Magistrate Judge Michael R. Merz
NORMAN ROBINSON, Warden,
Respondent.

:

DECISION AND ORDER STRIKING PRO SE MOTION TO
WITHDRAW REFERENCE
This capital habeas corpus case is before the Court on Petitioner’s pro se Motion to Withdraw
the reference to the Magistrate Judge as Pursuant to 28 U.S.C. § [636](c)(4)’s Extraordinary
Circumstances and/or Good Cause Shown (Doc. No. 163).
As Petitioner has been repeatedly advised, a party represented by counsel may not file papers pro
se. 28 U.S.C. § 1654 provides that “parties may plead and conduct their own cases personally or by
counsel.” The disjunctive “or” in the statute means that a litigant must choose between proceeding pro
se and proceeding with the assistance of counsel. United States v. Jimenez-Zalapa, 2007 WL 2815563
(W.D. Tenn. 2007)(Breen, J.); see also United States v. Mosely, 910 F.2d 93, 97-98 (6th Cir. 1987);
United States v. Vampire Nation, 451 F.3d 189 (3rd Cir. 2006).
The Motion to Withdraw Reference is accordingly STRICKEN.
January 30, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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