UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 10, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
HOWARD DENNIS KELLY, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Defendant, Howard Dennis Kelly ("Kelly"), stands accused of a single-count indictment charging escape from a federal institutional facility. Counsel was appointed to represent Kelly. Pending before the Court are two motions filed by Kelly, pro se, a motion to dismiss (Dkt. #39) and a motion styled pro se motion, Rule 12(b), defective indictment. Since Kelly has counsel, he must not file pro se motions. If he has appointed counsel, that lawyer should represent him and file pleadings and the Court not entertain pro se motions. I have, nevertheless, reviewed the above-referenced motions and find them to be without merit. Therefore, both motions are denied.
Defendant's pro se motions to dismiss (Dkt. #39 and Dkt. #42) are in all respects denied.*fn1
IT IS SO ORDERED.