Franklin v. Warden, Mansfield Correctional Institution, No. 3:2004cv00187 - Document 137 (S.D. Ohio 2009)
Court Description: DECISION AND ORDER DENYING PETITIONER'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL APPLICATION FOR CERTIFICATE OF APPEALABILITY. Signed by Magistrate Judge Michael R Merz on 11/17/2009. (kpf1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ANTONIO FRANKLIN, : Petitioner, Case No. 3:04-cv-187 : -vs- Magistrate Judge Michael R. Merz WARDEN, MANSFIELD CORRECTIONAL INSTITUTION, : Respondent. DECISION AND ORDER DENYING PETITIONER S MOTION FOR LEAVE TO FILE SUPPLEMENTAL APPLICATION FOR CERTIFICATE OF APPEALABILITY This case is before the Court on Petitioner s Supplemental Application for Leave to File His Application for Certificate of Appealability on Four Additional Grounds (Doc. No. 136), filed pro se on November 16, 2009. Petitioner is represented by appointed counsel in this capital habeas corpus case. A party represented by counsel may not file papers pro se. 28 U.S.C. ยง 1654 provides that parties may plead and conduct their own cases personally or by counsel. The disjunctive or in the statute means that a litigant must choose between proceeding pro se and proceeding with the assistance of counsel. United States v. Jimenez-Zalapa, 2007 WL 2815563 (W.D. Tenn. 2007)(Breen, J.); see also United States v. Mosely, 910 F.2d 93, 97-98 (6th Cir. 1987); United States v. Vampire Nation, 451 F.3d 189 (3rd Cir. 2006). -1- Accordingly, Petitioner s Supplemental Application is denied. November 17, 2009. s/ Michael R. Merz United States Magistrate Judge -2-
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