UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 7, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
EUGENE LIBBETT, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Defendant, Eugene Libbett ("Libbett"), was sentenced on his guilty plea principally to 110 months imprisonment on February 28, 2007. Libbett duly filed a notice of appeal.
Libbett has now filed a pro se motion (Dkt. #68) which he styles as a "Petition Request for Leave to File Writ of Mandamus Seeking Ineffective Assistance of Counsel." He moves pursuant to Rule 21 of the Federal Rules of Appellate Procedure.
The motion/petition (Dkt. #68) is in all respects denied. There is no such procedure as a writ "seeking ineffective assistance of counsel." If Libbett wishes to raise ineffective assistance of counsel, he can attempt to do so on his direct appeal or in a collateral proceeding, pursuant to 28 U.S.C. § 2255.
The motion/petition (Dkt. #68) of Eugene Libbett is in all respects denied. Plaintiff's motion to proceed in forma pauperis (Dkt. #69) is denied as moot.
IT IS SO ORDERED.
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