Opinion
Crim. Action No. 1:18-cr-58
02-04-2019
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN J. GRIFFEY, Defendant.
(Kleeh)
ORDER ADOPTING REPORT & RECOMMENDATION [DKT. NO. 19]
Pending before this Court is a pro se motion to dismiss (Dkt. No. 7) filed by Defendant Brian J. Griffey ("Defendant") on January 4, 2019. Defendant filed this motion pro se even though he was represented by attorney Scott S. Radman (See Dkt. No. 2). The motion has not been adopted by Mr. Radman, who is still Defendant's counsel in this matter. United States Magistrate Judge Michael J. Aloi issued a Report and Recommendation ("R&R") on the motion, recommending denial because this Court routinely denies pro se motions filed by criminal defendants who are represented by counsel. No objections to the R&R were filed.
This Court is not obligated to consider pro se motions in criminal cases where the defendant is represented by counsel. See United States v. Carranza, 645 F. App'x 297, 300 (4th Cir. 2016) (noting that "[a] criminal defendant has no statutory or constitutional right to proceed pro se while simultaneously being represented by counsel"). As Judge Aloi stated, this Court routinely denies such motions. See, e.g., United States v. Ramage, No. 1:09CR61, 2009 WL 4110321, at *2 (N.D.W. Va. Nov. 25, 2009); United States v. Brooks, No. 1:09MJ71, 2009 WL 3365642, at *2 (N.D.W. Va. Oct. 19, 2009); United States v. Boulware, No. 1:09CR5, 2009 WL 972606, at *2-3 (N.D.W. Va. Apr. 8, 2009). Accordingly, because Defendant's counsel has not adopted the pro se motion to dismiss, the Court hereby ADOPTS the R&R (Dkt. No. 19) and DENIES Defendant's pro se motion to dismiss as improvidently filed (Dkt. No. 7).
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record. DATED: February 4, 2019
/s/ Thomas S. Kleeh
THOMAS S. KLEEH
UNITED STATES DISTRICT JUDGE