Filed: Jul. 09, 2013
Latest Update: Jul. 09, 2013
Summary: ORDER ROGER L. HUNT, District Judge. Before the Court are the following pro se motions: Motion for a Court Order and an Injunction Against the Government to Destroy or Donate Petitioner's Property (#87, filed June 11, 2013); Motion for a Court Order and Injunction Against Petitioner over Being Further Injured at CCA Pahrump or Being Kept in the Marshal's Custody (#89, filed June 18, 2013); and Motion to Proceed without Counsel as Pro Per (#99, filed June 24, 2013). Local Rule LR IA 10-6
Summary: ORDER ROGER L. HUNT, District Judge. Before the Court are the following pro se motions: Motion for a Court Order and an Injunction Against the Government to Destroy or Donate Petitioner's Property (#87, filed June 11, 2013); Motion for a Court Order and Injunction Against Petitioner over Being Further Injured at CCA Pahrump or Being Kept in the Marshal's Custody (#89, filed June 18, 2013); and Motion to Proceed without Counsel as Pro Per (#99, filed June 24, 2013). Local Rule LR IA 10-6(..
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ORDER
ROGER L. HUNT, District Judge.
Before the Court are the following pro se motions: Motion for a Court Order and an Injunction Against the Government to Destroy or Donate Petitioner's Property (#87, filed June 11, 2013); Motion for a Court Order and Injunction Against Petitioner over Being Further Injured at CCA Pahrump or Being Kept in the Marshal's Custody (#89, filed June 18, 2013); and Motion to Proceed without Counsel as Pro Per (#99, filed June 24, 2013).
Local Rule LR IA 10-6(a) states, "A party who has appeared by attorney cannot while so represented appear or act in the case." Defendant has, and has had, counsel at all times relevant. Accordingly, the Motion for a Court Order and an Injunction Against the Government to Destroy or Donate Petitioner's Property (#87, filed June 11, 2013); and Motion for a Court Order and Injunction Against Petitioner over Being Further Injured at CCA Pahrump or Being Kept in the Marshal's Custody (#89) must be denied.
Moreover, both motions either address issues outside the Court's ability to act, or have previously been considered and denied.
The Court will address the Motion to Proceed without Counsel as Pro Per (#99) inasmuch as it addresses Defendant's desire to not have counsel, but to act for himself. That Motion will also be denied. In the Motion, Schuett admits that he "has no nollege [sic] of law or Court Rules, . . . is not a lawyer, no training, no schooling." (Page 2 of 5, of Motion). His lack of the ability to represent himself is more than amply demonstrated by the many spurious and meritless motions he has filed and letters he has written to the Court. Accordingly, the Court finds that he is in dire need of an attorney and lacks the ability to understand or address the legal issues necessary.
There is another motion, seeking dismissal of his notice of appeal (#100), which is being addressed by the Circuit Court and will not be addressed here.
IT IS THEREFORE ORDERED that Defendant's Motion for a Court Order and an Injunction Against the Government to Destroy or Donate Petitioner's Property (#87); Motion for a Court Order and Injunction Against Petitioner over Being Further Injured at CCA Pahrump or Being Kept in the Marshal's Custody (#89); and Motion to Proceed without Counsel as Pro Per (#99) are each DENIED, for the reasons stated above.
