Doyle v. Thurmer

Filing 115

ORDER signed by Judge Rudolph T. Randa on 4/22/2013 STRIKING 112 Motion for 60-day briefing schedule; STRIKING 110 111 113 114 ; Sealing 110 111 114 , any interested party or member of the public may challenge the sealing of those papers. (cc: all counsel, via US mail to Dontae Doyle at Waupun Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DONTAE L. DOYLE,
Petitioner,
v.
Case No. 10-C-235
MICHAEL THURMER
Warden of Waupun Correctional Institution,
Respondent.

DECISION AND ORDER
The pro se Petitioner, Dontae L. Doyle (“Doyle”), a State of Wisconsin prisoner
incarcerated at the Waupun Correctional Institution in Waupun, Wisconsin, who filed a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, is represented by court-appointed counsel. However,
beginning on April 16, 2013, Doyle has filed a number of letters and motions expressing concerns
for his safety and the progress of his case.
A petitioner does not have a right to file his own motions or documents when he
is represented by counsel. See Hayes v. Hawes, 921 F.2d 100, 102 (7th Cir. 1990). The Court may
strike as improper any such pro se motions. See, e.g., United States v. Gwiazdzinski, 141 F.3d
784, 787 (7th Cir. 1998).
Despite the impropriety of filing such papers, the Court requests that courtappointed counsel communicate with Doyle regarding the concerns Doyle raises in his letters and

motions and, if necessary, seek relief from the Court. Furthermore, based on the content of
Doyle’s filings, the Court finds good cause to seal the documents filed as ECF Nos. 110, 111, and
114. See Gen. L. R. 79(d) (E. D. Wis.)

Any party or interested member of the public may

challenge the sealing of those papers. See Cnty. Materials Corp. v. Allan Block Corp., 502 F.3d
730, 740 (7th Cir. 2007).
In light of the foregoing, the Court strikes Doyle’s motions. The Court also advises
Doyle that he may not file his own motions while he is represented by counsel.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Doyle’s motions (ECF No. 111) are STRUCK;
Doyle’s motion for a 60-day briefing schedule (ECF No. 112) is STRICKEN;
Doyle’s motion (ECF No. 114) is STRICKEN;
Doyle’s letters (ECF Nos. 110 and 113) are STRUCK; and
The Clerk of Court is directed to seal the documents filed as ECF Nos. 110, 111,
and 114, and to modify the docket entries accordingly. Any interested party or member of the
public may challenge the sealing of those papers.
Dated at Milwaukee, Wisconsin this 22nd day of April, 2013.
BY THE COURT

_______________________
Hon. Rudolph T. Randa
U.S. District Judge
2