Opinion
CASE NO. 1:13-cv-01625-MJS (PC)
07-20-2015
FEDERICO HERNANDEZ, Plaintiff, v. M. HERNANDEZ, et al., Defendants.
ORDER STRIKING MOTION IN LIMINE (ECF No. 109) AND MOTION FOR PROPOSED VOIR DIRE QUESTIONS
(ECF No. 110)
Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff's Eighth Amendment excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.) Plaintiff recently obtained volunteer counsel. (ECF No. 103.)
Before the Court are Plaintiff's July 17, 2015 motion in limine (ECF No. 109) and motion for proposed voir dire questions (ECF No. 110), both filed by Plaintiff acting in pro se.
Counsel has been appointed to represent Plaintiff in the preparation for and conduct of trial. Plaintiff's motions therefore must be brought through counsel. See, e.g., United States. v. El-Alamin, 574 F.3d 915, 923 (8th Cir.2009); United States v. Hildreth, 485 F.3d 1120, 1125 (10th Cir.2007); United States v. Vampire Nation, 451 F.3d 189, 206 n. 17 (3rd Cir.2006); Abdullah v. United States, 240 F.3d 683, 686 (8th Cir.2001); Ennis v. LeFevre, 560 F.2d 1072 (2d Cir.1977). The Court will not entertain motions brought by Plaintiff on his own behalf.
Accordingly, Plaintiff's unauthorized motion in limine (ECF No. 109) and motion for proposed voir dire questions (ECF No. 110) are HEREBY STRICKEN. IT IS SO ORDERED.
Dated: July 20, 2015
/s/ Michael J . Seng
UNITED STATES MAGISTRATE JUDGE