1:21-cr-00170•USA v. Lovejoy et al
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA United States of America, ) ) Plaintiff, ) ORDER ) vs. ) ) Case No. 1:21-cr-170 Javonte Jones, ) ) Defendant. ) Defendant was previously ordered detained pending trial. He is being housed by the United States Marshal at the Washington County Jail in Akron, Colorado. On March 22, 2022, he filed a pro se “Motion to Receive a Drug Evaluation.” (Doc. No. 111). He asks the court authorize a substance abuse evaluation for him at C & K Counseling in Bismarck, North Dakota. The court appreciates defendant’s stated desire to address his substance abuse issues. However, the court is not inclined authorize a substance evaluation for him at this time. First, the court cannot ascertain whether defendant has contacted C & K Counseling to arrange for an evaluation. Second, assuming that defendant had made such arrangements, it is unclear where or when the evaluation could be conducted. Defendant is in Colorado. C & K Counseling is in Bismarck. Third, the court is not obligated to entertain pro se motions that are filed by a represented party. See United States v. Pate, 754 F.3d 550, 553 (8th Cir. 2014); Abdullah v. United States, 240 F.3d 683, 686 (8th Cir. 2001). Defendant is represented by court-appointed counsel and so should therefore look to counsel before taking it upon himself to file motions. Accordingly, defendant’s motion (Doc. No. 111) is DENIED without prejudice. 1 Case 1:21-cr-00170-DMT Document 112 Filed 03/23/22 Page 1 of 2
IT IS SO ORDERED. Dated this 23rd day of March, 2022. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court 2 Case 1:21-cr-00170-DMT Document 112 Filed 03/23/22 Page 2 of 2
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