Henderson v. United States

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:21-cev-121-MOC 1:18-cr-66-MOC-WCM-4 LONNIE ALTON HENDERSON, ) ) Petitioner, ) ) vs. ) ) ORDER UNITED STATES OF AMERICA, ) ) Respondent. ) ___) THIS MATTER is before the Court on Petitioner’s pro se Letter, (Doc. No. 13), that was docketed as a Motion to be Relocated to Mecklenburg County Jail. Plaintiff initiated this post-conviction proceeding pursuant to 28 U.S.C. § 2255 pro se, but he is now represented by counsel. See (Doc. No. 10). There is no right to “hybrid representation” in which defendant is represented both by himself and by counsel. McKaskle v. Wiggins, 465 U.S. 168, 183 (1984); see Cain v. Peters, 972 F.2d 748, 750 (7™ Cir.1992) (representation by counsel and self-representation are mutually exclusive entitlements in light of McKaskle). Counsel has not adopted Plaintiff's pro se filing, and therefore, it will be stricken. IT IS, THEREFORE, ORDERED that Plaintiff's Letter, (Doc. No. 13), that was docketed as a Motion to be Relocated to Mecklenburg County Jail, is STRICKEN as an unauthorized pro se filing.

Signed: December 7, 2021

Biever SS Max O. Cogburn i ) United States District Judge Tote t