U.S. v. JONES, 1:16 cr 39-1. (2016)
Court: District Court, W.D. North Carolina
Number: infdco20160809b48
Visitors: 12
Filed: Aug. 08, 2016
Latest Update: Aug. 08, 2016
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . THIS MATTER has come before the undersigned pursuant to a Motion filed by Defendant, acting pro se, requesting a Writ of Habeas Corpus (#42). LCrR 47.1(H) states as follows: (H) Pro Se Motions Filed by Criminal Defendants Who Have Not Waived Their Right to Counsel. Except for challenges to the effective assistance of counsel, the Court will not ordinarily entertain a motion filed by a criminal defendant who is still represented by counsel and
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . THIS MATTER has come before the undersigned pursuant to a Motion filed by Defendant, acting pro se, requesting a Writ of Habeas Corpus (#42). LCrR 47.1(H) states as follows: (H) Pro Se Motions Filed by Criminal Defendants Who Have Not Waived Their Right to Counsel. Except for challenges to the effective assistance of counsel, the Court will not ordinarily entertain a motion filed by a criminal defendant who is still represented by counsel and h..
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ORDER
DENNIS L. HOWELL, Magistrate Judge.
THIS MATTER has come before the undersigned pursuant to a Motion filed by Defendant, acting pro se, requesting a Writ of Habeas Corpus (#42). LCrR 47.1(H) states as follows:
(H) Pro Se Motions Filed by Criminal Defendants Who Have Not Waived Their Right to Counsel.
Except for challenges to the effective assistance of counsel, the Court will not ordinarily entertain a motion filed by a criminal defendant who is still represented by counsel and has not formally waived his or her right to counsel in the presence of a judicial officer after being fully advised of the consequences of waiver. Exceptions to this general rule may be made in the discretion of the judicial officer considering the pro se motion.
Defendant, in this case, is represented by counsel and she has not waived her right to counsel in this matter. As a result, the undersigned will not entertain Defendant's pro se motion (#42) and such will be denied.
ORDER
IT IS, THEREFORE, ORDERED that the Pro Se Motion of the Defendant requesting a Writ of Habeas Corpus (#42) is DENIED for the reasons set forth above.
Source: Leagle
