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United States v. Parker

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


November 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TRYN PARKER, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

This Court referred all pretrial matters to United States Magistrate Judge Marian W. Payson pursuant to 28 U.S.C. § 636(b). Defendant is represented by counsel and counsel filed pretrial motions. Defendant himself also filed some pro se motions. After conducting proceedings, Magistrate Judge Payson issued a Report and Recommendation (Dkt. #51) on October 21, 2009, recommending that the motions to dismiss the indictment and to suppress identification be denied.

A few days later, on October 28, 2009, Parker filed another pro se motion (Dkt. #52). This motion, 34 pages in length, seeks to dismiss the indictment on a different ground than was advanced previously. I do not, therefore, treat this filing as an appeal or objection to Magistrate Judge Payson's Report and Recommendation (Dkt. #51).

Because Parker is represented by counsel, this Court has no duty or obligation to consider pro se motions especially since this most recent motion of Parker (Dkt. #52) is untimely.

Nevertheless, because this Court did refer pretrial motions to Magistrate Judge Payson, I ask the Magistrate Judge to consider this motion in the first instance. Magistrate Judge Payson should give the Government a chance to respond and then determine in a Report and Recommendation whether the Court should even consider the motion and, if so, what the recommendation for disposition is.

IT IS SO ORDERED.

Rochester, New York

20091105

© 1992-2009 VersusLaw Inc.



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