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United States v. Hilly

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALLEN HILLY, DEFENDANT.

The opinion of the court was delivered by: Stanley R. Chesler United States District Judge

ORDER

CHESLER, District Judge

This matter having come before the Court upon the July 19, 2010 letter application filed by Defendant Allen Hilly ("Defendant") [docket entry 108] requesting to waive his constitutional right to appointed counsel and proceed pro se pursuant to his Sixth Amendment right to self-representation; and the Court having conducted on July 30, 2010 a hearing as prescribed by Faretta v. California, 422 U.S. 806 (1975) and United States v. Peppers, 302 F.3d 120 (3d Cir. 2002); and the Court having satisfied itself that Defendant's decision to proceed pro se is knowing and voluntary; and for the reasons expressed on the record of proceedings of July 30, 2010; and good cause shown,

IT IS on this 10th day of August, 2010, ORDERED that Defendant's application to proceed pro se be and hereby is GRANTED nunc pro tunc to July 30, 2010; and it is further

ORDERED that Henry Klingeman, Defendant's appointed counsel under the Criminal Justice Act, be and hereby is relieved as counsel for Defendant nunc pro tunc to July 30, 2010; and it is further

ORDERED that the Clerk of the Court shall update the docket of this case to note that Defendant, who is currently incarcerated, must be served with all papers filed by the parties and/or the Court at the following address: Essex County Correctional Facility, 354 Doremus Avenue, Newark, New Jersey 07105; and it is further

ORDERED that, pursuant to McKaskle v. Wiggins, 465 U.S. 168, 184 (1984) and its progeny, Henry Klingeman be and hereby is appointed as Defendant's standby counsel nunc pro tunc to July 30, 2010; and it is further

ORDERED that Mr. Klingeman shall be copied on all filings and submissions made by either Defendant or the Government in this action; and it is further

ORDERED that the Clerk of the Court shall continue to include Mr. Klingeman on the active service list on the electronic docket of this action.

20100810

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