Napper v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

JESSY NAPPER, Petitioner, v. No. 1:16-cv-01023-JDB-jay UNITED STATES OF AMERICA, Respondent.

ORDER CONSTRUING DOCUMENT AS MOTION FOR EXPEDITED HEARING AND STRIKING MOTION On April 5, 2021, Petitioner, Jessy Napper, filed, pro se, a document expressing concern over the changes in the evidentiary hearing date that have occurred over the past several months. (Docket Entry 54.) The Court construes the submission as a motion for an expedited hearing. The motion is hereby STRICKEN because the inmate is represented by appointed counsel, and therefore, he may not file motions on his own behalf.1 See Ennis v. LeFevere, 560 F.2d 1072, 1075 (2d Cir. 1977) (the right to appointed counsel and to proceed pro se “cannot be both exercised at the same time”) (citation and quotation marks omitted); 28 U.S.C. § 1654 (providing that “parties may plead and conduct their own cases” either “personally or by counsel”).

IT IS SO ORDERED this 6th day of April 2021.

s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE

1 Petitioner should direct any questions he may have regarding these proceedings to his appointed counsel.