Filed: Jul. 17, 2014
Latest Update: Jul. 17, 2014
Summary: ORDER KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the following motions filed by Juan Sanchez Hyman, acting on his own behalf: 1. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 12, 2014 [DE #58]; 2. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 18, 2014 [DE #59]; 3. Motion to Dismiss Count Two of Indictment Due to Double Standard, filed June 18, 2014 [DE #60]; 4. Motion for Speedy Trial, filed July 2, 2014 [DE
Summary: ORDER KIMBERLY A. SWANK, Magistrate Judge. This matter is before the court on the following motions filed by Juan Sanchez Hyman, acting on his own behalf: 1. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 12, 2014 [DE #58]; 2. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 18, 2014 [DE #59]; 3. Motion to Dismiss Count Two of Indictment Due to Double Standard, filed June 18, 2014 [DE #60]; 4. Motion for Speedy Trial, filed July 2, 2014 [DE ..
More
ORDER
KIMBERLY A. SWANK, Magistrate Judge.
This matter is before the court on the following motions filed by Juan Sanchez Hyman, acting on his own behalf:
1. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 12, 2014 [DE #58];
2. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 18, 2014 [DE #59];
3. Motion to Dismiss Count Two of Indictment Due to Double Standard, filed June 18, 2014 [DE #60];
4. Motion for Speedy Trial, filed July 2, 2014 [DE #63];
5. Motion for Disclosure, filed July 2, 2014 [DE #64];
6. Motion to Dismiss, filed July 2, 2014 [DE #65];
7. Motion for Speedy Trial, filed July 8, 2014 [DE #67]; and
8. Ex Parte Motion for Investigative, Expert or Other Services, filed July 9, 2014 [DE #68].
These filings do not comply with the Federal Rules of Criminal Procedure or this court's Local Criminal Rules. Local Criminal Rule 47.3 provides that "[a]ll pleadings, motions, discovery procedures, memoranda and other papers filed with the clerk or the court shall . . . be signed by counsel as required by Local Criminal Rule 57.1(d). . . ." Local Criminal Rule 47.3 (E.D.N.C. Dec. 2013). Local Criminal Rule 57.1(d) provides that "[l]itigants in criminal actions, except governmental agencies and parties appearing pro se, must be represented by at least one member of the bar of this court who shall sign all documents filed in this court . . . ." Local Criminal Rule 57.1(d) (E.D.N.C. Dec. 2013). Defendant previously requested and has been provided court-appointed counsel in this matter. He is not entitled to hybrid representation, representing himself when he so chooses. Faretta v. California, 422 U.S. 806, 835 (1975). Moreover, the documents filed by defendant are not signed and do not comply with the Federal Rules' requirements for service. See Fed. R. Crim. P. 47, 49; Fed. R. Civ. P. 5. Accordingly, the court hereby STRIKES the following documents:
1. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 12, 2014 [DE #58];
2. Motion of Ad Referendum in Light of Prosecutorial Misconduct, filed June 18, 2014 [DE #59];
3. Motion to Dismiss Count Two of Indictment Due to Double Standard, filed June 18, 2014 [DE #60];
4. Motion for Speedy Trial, filed July 2, 2014 [DE #63];
5. Motion for Disclosure, filed July 2, 2014 [DE #64];
6. Motion to Dismiss, filed July 2, 2014 [DE #65];
7. Motion for Speedy Trial, filed July 8, 2014 [DE #67]; and
8. Ex Parte Motion for Investigative, Expert or Other Services, filed July 9, 2014 [DE #68].
SO ORDERED.
