USA v. Day

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-CR-13-MR-WCM
UNITED STATES OF AMERICA )
)
v. ) ORDER
)
PAUL GORDON DAY, )
)
Defendant. )
____________________________________ )
This matter is before the Court on two
pro se letters submitted by
Defendant – a letter filed on June 29, 2023 that pertains to Defendant’s current
confinement at the Cherokee County Detention Center (Doc. 27) and a letter
filed on July 5, 2023 that requests the Court conduct “another Federal
Detention Hearing….” (Doc. 28).
The Court will construe both letters as being motions.
Local Criminal Rule 47.1 provides in pertinent part as follows:
(g)
Pro Se Motions Filed By Criminal Defendants Who
Have Not Waived Their Right to Counsel. Except for
challenges to the effective assistance of counsel, the
Court will not ordinarily entertain a motion filed by a
criminal defendant who is still represented by counsel
and has not formally waived the right to counsel in the
presence of a judicial officer after being fully advised
of the consequences of waiver. Exceptions to this
general rule may be made in the discretion of the
judicial officer considering the
pro se motion.
Case 1:23-cr-00013-MR-WCM Document 29 Filed 07/07/23 Page 1 of 2

2
Previous
pro se requests that Defendant has submitted in this case have
been denied for violating this rule. See e.g., Docs. 13, 14, 17.
As Defendant remains represented by counsel, his current
pro se motions
will likewise be denied. Defendant is advised that any future
pro se filings that
do not comply with the Local Rules or the Federal Rules of Criminal Procedure
may be summarily denied or stricken.
It is so ordered.
Signed: July 7, 2023
Case 1:23-cr-00013-MR-WCM Document 29 Filed 07/07/23 Page 2 of 2