Franklin v. Warden, Mansfield Correctional Institution, No. 3:2004cv00187 - Document 164 (S.D. Ohio 2014)

Court Description: DECISION AND ORDER STRIKING PRO SE MOTION TO WITHDRAW REFERENCE. Signed by Magistrate Judge Michael R Merz on 1/30/2014. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ANTONIO SANCHEZ FRANKLIN, Petitioner, : Case No. 3:04-cv-187 - vs Magistrate Judge Michael R. Merz NORMAN ROBINSON, Warden, Respondent. : DECISION AND ORDER STRIKING PRO SE MOTION TO WITHDRAW REFERENCE This capital habeas corpus case is before the Court on Petitioner s pro se Motion to Withdraw the reference to the Magistrate Judge as Pursuant to 28 U.S.C. § [636](c)(4) s Extraordinary Circumstances and/or Good Cause Shown (Doc. No. 163). As Petitioner has been repeatedly advised, a party represented by counsel may not file papers pro se. 28 U.S.C. § 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). The Motion to Withdraw Reference is accordingly STRICKEN. January 30, 2014. s/ Michael R. Merz United States Magistrate Judge 1

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