United States v. Noriega-Perez

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING MOTIONS FOR RECUSAL; TO DISQUALIFY ENTIRE U.S. ATTORNEY'S OFFICE; CHANGE OF VENUE; DISQUALIFY CJA PANEL ATTORNEYS; TO BE RELEASED ON BAIL; AND TO DISMISS CHARGES FOR OUTRAGEOUS GOVERNMENT CONDUCT

For the second time, the court addresses the following motions brought by Defendant in propria persona and filed on or about November 27, 2007: motion for recusal, motion to disqualify entire U.S Attorney's office; motion for change of venue; motion to disqualify all CJA attorneys; motion to be released on bail; and motion to dismiss based upon outrageous government conduct. On November 5, 2007 the court struck these same motions from the docket on the ground that it is inappropriate for a represented party to appear in propria persona. L.R. 83.3(g)(1).

By way of background, on or about September 6, 2007 Defendant moved to dismiss his second court appointed attorney, Mr. Robert Garcia. Following Defendant's request for dismissal of his attorney, the court conducted several status conferences concerning Defendant's representation. At the time of the status conference on November 29, 2007, Defendant withdrew all motions and expressed satisfaction with his current representation. Defendant filed the above identified motions in the interim period during which his representation was at issue. As Defendant has now withdrawn all motions, the court denies the motions as moot.

IT IS SO ORDERED.

20071130