Huff v. Pundt et al

Filing 89

ORDER striking 88 Motion for Writ Execution.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

CHESTER LOWE HUFF,
Plaintiff,
VS.
KIMBERLY PUNDT, et al,
Defendants.

§
§
§
§ CIVIL ACTION NO. 2:11-CV-148
§
§
§
§

ORDER STRIKING APPLICATION FOR A WRIT OF EXECUTION

Plaintiff has filed a pro se application for a writ of execution (D.E. 88). Plaintiff is
represented by counsel, and is not entitled to file pro se pleadings. He is not entitled to
hybrid representation. Neal v. Texas, 870 F.2d 312, 315-56 (5th Cir. 1989) (citing United
States v. Daniels, 572 F.2d 535, 540 (5th Cir. 1978)); Myers v. Johnson, 76 F.3d 1330,
1335 (5th Cir. 1996).
Accordingly, the Clerk shall strike the application (D.E. 88) from the record
without prejudice. It will not be considered at this time.
In any event, counsel for Plaintiff filed a notice of settlement on July 26, 2013
(D.E. 87). In that notice, Plaintiff’s counsel advised that it would take a minimum of 60
days for the settlement documents to be filed and for plaintiff to be paid. The experience

1/2

of the court in these types of cases is that it frequently takes more than 60 days. Plaintiff
should contact his counsel if he has questions.
ORDERED this 26th day of September, 2013.

___________________________________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE

2/2