USA v. Lovejoy et al

1:21-cr-00170NddMar 23, 2022

Full text

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.
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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
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Case 1:21-cr-00170-DMT Document 112 Filed 03/23/22 Page 2 of 2

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