alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, Case No: 14-20568

Hon. Victoria A. Roberts

vs

SYED IBRAHIM HUSSAIN,

Defendant.

/

ORDER STRIKING PRO SE FILING BY A REPRESENTED PARTY

Defendant Syed Ibrahim Hussain filed a pro se Motion to Postpone Status

Hearing and Pre-Sentencing Interview and requesting other relief [doc 42].

Federal law permits a criminal defendant to appear “personally or by counsel.” 28

U.S.C. §1654. This is “disjunctive; a party may either represent himself or appear

through an attorney.” Hall v Dorsey, 534 F. Supp. 507, 508 (E.D. Pa 1982).

There is no right, constitutional or otherwise, to “hybrid representation - the

representation at the same time by counsel and pro se.” United States v Trapnell, 638

F. 2d 1016, 1027 (7th Cir. 1980). Therefore, as part of the latitude accorded district

courts managing their dockets, courts may bar pro se filings by represented parties. 

United States v Agofsky, 20 F. 3d 866, 872 (8th Cir. 1994) (finding no error in the court’s

refusal to consider pro se motion where defendant was represented by counsel); United

States v Tracy, 989 F. 2d 1279, 1285 (1st Cir. 1993) (“A district court enjoys wide

latitude in managing its docket and can require represented parties to present motions

through counsel.”)

2:14-cr-20568-VAR-RSW Doc # 43 Filed 03/10/15 Pg 1 of 2 Pg ID 129
Accordingly, Defendant’s motion is STRICKEN and forwarded to defendant’s

counsel without further consideration. Future filings are similarly barred so long as

defendant continues to be represented by counsel.

ORDERED.

 S/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: March 10, 2015

The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

March 10, 2015.

s/Carol A. Pinegar 

Deputy Clerk

2:14-cr-20568-VAR-RSW Doc # 43 Filed 03/10/15 Pg 2 of 2 Pg ID 130
1 A notice of a Chapt er 7 bankr uptcy f iling by LeShon V . Stew art, one

of the applicants , is incl uded in the appli cation materials . Stew art subm itted no documentation

showing the

status of t

he bankrupt cy, but Deutsc he Bank Trust Co. maint ains that it filed a motion for re li ef from the stay of bankruptcy, which was granted on A

ugust 25, 2014

. 

## Court of Appeals of the State of Geo rgia

ATLA NTA,

_________________ ___ The Court of

Appeals he reby passes

the followi

ng order: A15D0050. JOHN K. BUAHIN e t al. v. DEUTSCHE BANK TRUST COMPANY. In this disposse ssory action, Deutsche Bank Tru st Co. filed a motion to compel paym ent of rent in

to the regi stry of

the cou rt, whi ch the trial cour

t granted o n September

2, 2014. On Septe mber

10, 2014, the a

pplicants f

iled this application f

or discretionary

appeal, arguing tha

t the super

ior court erred when it grante d a writ of possess ion. Howeve r, the a pplicants ha

ve not included an orde r granting a writ of possession in their appl ication m aterials

. 1 The only order submitted in the application m aterials is the order granti ng Deutsche Bank Tru stCo.’s motion to com pel pay ment o f rent. As to that

order, the applicati on is untimely. G enerally, an ap plication f

or discre tionary

appeal m ust be filedwithin 30 da

ys of entry of

the order sought to be a

ppealed. See OC GA § 5-6- 35 (d). But the underlying subject matt er of an a

ppeal contr

ols over the

relief s ought in determ ining the proper

appellate procedure. Rebich v. Miles , 264 Ga. 467, 467-468 (448 SE2d 192) (1994). O CGA § 44- 7- 56 pro vides that a n appeal f

rom a ny dispossessory judgm ent

must be filed within seven days of the date the judgm ent was October 02, 2014entered. See Ray M. Wright, Inc. v. Jones , 239 Ga. App. 521 (521 SE2d 456) (1999).

Here, the app licat ion was not filed until eight days after entry of this order. According ly, this appli cation is untimely, and it is hereby DISMISSED.
Court of Appeals of the State of Georgia Clerk’s Office, At

lanta,_____

_______________ I certify t hat the above is a true ext

ract from the minutes of the Court

of Appeals

of Georgia. Witness my sig nature and t he seal of s aid court hereto aff

ixed the day and year last above writt

en. , Clerk. 10/02/2014
Editorial Note on Part 147
Editorial Note: Nomenclature changes to part 147 appear by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59782, Oct. 1, 2012.

§ 147.50 Fuel for cooking, heating, and lighting. ( a ) Flammable and combustible liquids and gases not listed in this section are prohibited for cooking, heating, or lighting on any vessel, with the exception of combustible liquids on cargo vessels.
( b ) Fluid alcohol is prohibited for cooking, heating, or lighting on ferry vessels. Fluid alcohol burners, where wet primed, must have a catch pan not less than 3 ⁄ 4 of an inch deep secured inside of the frame of the stove or have the metal protection under the stove flanged up 3 ⁄ 4 of an inch to form a pan.
( c ) Containers of solidified alcohol must be secured on a fixed base.
( d ) Liquefied or non-liquefied gas is prohibited for cooking, heating, and lighting on ferry vessels, but may be used on other inspected vessels if the system in which it is used meets the applicable requirements of subpart 58.16 or subpart B of part 184 of this chapter, as appropriate, or is approved by the Commandant (CG-ENG).
( e ) Kerosene and commercial standard fuel oil No. 1, No. 2, and No. 3 are prohibited for cooking, heating, or lighting on ferry or passenger vessels, unless the following conditions are met: ( 1 ) Pressure or gravity feed must be used.
( 2 ) Where wet priming is used in a cooking device, the device must have a catch pan not less than three fourths of an inch deep secured inside the frame of the device or a metal protector under the device with a least a three fourths inch flange to form a pan.
( 3 ) Where wet priming is used, a non-flammable priming liquid must be used.
( 4 ) Fuel tanks for fixed stoves must be separated from the stove and mounted in a location open to the atmosphere or mounted inside a compartment with an outside fill and vent.
( 5 ) Fuel lines must have an easily accessible shut-off valve at the tank.
( 6 ) If the fuel tank is outside of a stove compartment, a shut-off valve must be fitted at the stove.
[CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 83-013, 54 FR 6402, Feb. 10, 1989; CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996; USCG-2023-0759, 89 FR 22949, Apr. 3, 2024]
<TABLE> <S> <C>

<ARTICLE> 9
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                             533
<INT-BEARING-DEPOSITS>                           3,547
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     17,868
<INVESTMENTS-CARRYING>                           8,634
<INVESTMENTS-MARKET>                             8,763
<LOANS>                                         55,504
<ALLOWANCE>                                        270
<TOTAL-ASSETS>                                  88,000
<DEPOSITS>                                      57,090
<SHORT-TERM>                                     8,382
<LIABILITIES-OTHER>                              1,048
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      21,480
<TOTAL-LIABILITIES-AND-EQUITY>                  88,000
<INTEREST-LOAN>                                  3,807
<INTEREST-INVEST>                                1,957
<INTEREST-OTHER>                                   116
<INTEREST-TOTAL>                                 5,880
<INTEREST-DEPOSIT>                               2,598
<INTEREST-EXPENSE>                               3,101
<INTEREST-INCOME-NET>                            2,779
<LOAN-LOSSES>                                      125
<SECURITIES-GAINS>                               1,284
<EXPENSE-OTHER>                                  1,859
<INCOME-PRETAX>                                  2,132
<INCOME-PRE-EXTRAORDINARY>                       1,427
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,427
<EPS-PRIMARY>                                     1.07
<EPS-DILUTED>                                     1.06
<YIELD-ACTUAL>                                    3.30
<LOANS-NON>                                          0
<LOANS-PAST>                                        64
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   146
<CHARGE-OFFS>                                        1
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  270
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            270
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       6,459,000
<SECURITIES>                                         0
<RECEIVABLES>                                7,010,000
<ALLOWANCES>                                 (134,000)
<INVENTORY>                                  1,677,000
<CURRENT-ASSETS>                            17,260,000
<PP&E>                                     119,602,000
<DEPRECIATION>                            (39,698,000)
<TOTAL-ASSETS>                             111,042,000
<CURRENT-LIABILITIES>                       17,926,000
<BONDS>                                     43,500,000
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                (17,704,000)
<TOTAL-LIABILITY-AND-EQUITY>               111,042,000
<SALES>                                    110,103,000
<TOTAL-REVENUES>                           110,103,000
<CGS>                                       94,387,000
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                10,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          10,536,000
<INCOME-PRETAX>                            (2,337,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,337,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              2,046,000
<CHANGES>                                            0
<NET-INCOME>                               (4,383,000)
<EPS-PRIMARY>                                   (1.00)
<EPS-DILUTED>                                        0


</TABLE>
# Senate Floor Activity - Monday, July 7, 2014

**

----

## The Journal

## Certain Procedures Dispensed With

## Transaction of Morning Business

## Legislative Business (Monday, July  7)

S. 2363

 218

S.Res. 470

S.Res. 495

S.Res. 496

## Executive Business (Monday, July  7)

PN1397

 217

## Adjournment

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### Floor Activity Summaries 

View previous floor activity files.Stream live Senate floor proceedings while a meeting is in progress.View past floor proceedings on CSPAN

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1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TERISA LYN PICKELL, 

 Plaintiff, Case No. 14-cv-12824 

 Hon. Matthew F. Leitman 

v. 

COMMISSIONER OF 

SOCIAL SECURITY, 

 Defendant. 

_________________________________/ 

ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #13), 

(2) GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY 

JUDGMENT (ECF #10), (3) DENYING DEFENDANT’S MOTION FOR 

SUMMARY JUDGMENT (ECF #12), AND (4) REMANDING PLAINTIFF’S 

CLAIM FOR BENEFITS FOR FURTHER PROCEEDINGS 

On August 12, 2015, Magistrate Judge Mona K. Majzoub issued a Report 

and Recommendation (“R&R”) recommending that the Court grant in part Plaintiff 

Terisa Lyn Pickell’s Motion for Summary Judgment (ECF #10) and deny the 

Defendant Commissioner of Social Security's Motion for Summary Judgment 

(ECF #12). (See ECF #13.) The Magistrate Judge further recommended that 

Plaintiff’s claim for disability insurance benefits be remanded to the Commissioner 

of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). (See id. at 1-2, 

Pg. ID 386-387.) The R&R stated that the parties could object to and seek review 

of the recommendation within fourteen days. (See id. at 16-17, Pg. ID 401-402.) 

2:14-cv-12824-MFL-MKM Doc # 14 Filed 09/01/15 Pg 1 of 3 Pg ID 403
2 

Neither party has objected to the R&R. Failure to file objections to the 

R&R waives any further right to appeal. See Howard v. Sec'y of Health and 

Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers 

Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to 

the Magistrate Judge’s R&R releases the Court from its duty to independently 

review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has 

nevertheless reviewed the R&R and agrees with the findings and conclusions of 

the Magistrate Judge. 

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August 

12, 2015, Report and Recommendation (ECF #13) is ADOPTED as the Opinion 

of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, 

that (1) Plaintiff's Motion for Summary Judgment (ECF #10) is GRANTED IN 

PART, (2) Defendant's Motion for Summary Judgment (ECF #12) is DENIED, 

and (3)Plaintiff’s claim for benefits is REMANDED for further proceedings 

consistent with this Order and the Report and Recommendation. 

       s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: September 1, 2015 

2:14-cv-12824-MFL-MKM Doc # 14 Filed 09/01/15 Pg 2 of 3 Pg ID 404
3 

 I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on September 1, 2015, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

2:14-cv-12824-MFL-MKM Doc # 14 Filed 09/01/15 Pg 3 of 3 Pg ID 405
#### § 105.11 Prohibitions.

Each vessel to which this part applies is prohibited from transporting Grade A flammable liquids in bulk, or carrying bulk flammable or combustible liquids in portable or temporarily installed dispensing tanks or containers that are either below deck or in closed compartments on or above deck.
[Civ. No. 41946.

Second Dist., Div. Three.

Feb. 28, 1974.]

#### MAJESTIC REALTY CO., Plaintiff and Appellant, v. PACIFIC LIGHTING CORPORATION, Defendant and Respondent.

*642Counsel

Lane, Hoag, Overholt & Bonaparte and Ronald H. Bonaparte for Plaintiff and Appellant.

John Ormasa and Lawrence H. Eisenberg for Defendant and Respondent.

Opinion

COBEY, J.

Plaintiff, Majestic Realty Co., appeals from a judgment of dismissal (see Code Civ. Proc., § 58Id), entered pursuant to Code of Civil Procedure section 581, subdivision 3, of its action against defendant, Pacific Lighting Corporation (PLC), following the sustaining without leave to amend of PLC’s general demurrer to plaintiff’s second amended complaint.

Plaintiff contends that PLC’s general demurrer should not have been sustained because it was a part of a joint general demurrer filed by both PLC and its co-defendant, Pacific Lighting Properties, Inc. (PLP), and the demurrer of PLP was overruled.1

We note initially that within the document the general demurrer of each defendant was stated in a separate paragraph. It has been frequently said in the cases and by commentators as well that a joint demurrer of two defendants must be overruled if the complaint is good against either of *643them. (See *Wise*v. *Southern Pacific Co.,*223 Cal.App.2d 50, 76 [35 Cal.Rptr. 652].) But, as Witkin has pointed out, this rule should be limited to special demurrers since a defendant may raise at any time, and presumably in any appropriate way, the fundamental and fatal defect that a plaintiff has not stated in his complaint facts sufficient to constitute a cause of action against that defendant. (See 3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, § 811, p. 2421.) We so limit this rule.

The judgment of dismissal is affirmed.

Allport, Acting P. J., and Loring, J.,* concurred.

1

 We consider only this sole contention raised by plaintiff in its opening brief. We have not considered the additional contention raised by plaintiff in its closing brief that PLC should be liable to it despite the statute of frauds. We disregard plaintiffs second contention because plaintiff has not shown good cause why the contention was not presented in its opening brief. (See *S.F. Examiner Division*v. *Sweat,*248 Cal. App.2d 493, 498 [56 Cal.Rptr. 711]; *Duncanson-Harrelson Co.*v. *Travelers Indemnity Co.,*209 Cal.App.2d 62, 70 [25 Cal.Rptr. 718].)

*

 Assigned by the Chairman of the Judicial Council.
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT 

RESPOND to this e-mail because the mail box is unattended. 

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy 

permits attorneys of record and parties in a case (including pro se litigants) to receive one free 

electronic copy of all documents filed electronically, if receipt is required by law or directed by the 

filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each 

document during this first viewing. However, if the referenced document is a transcript, the free 

copy and 30 page limit do not apply.

U.S. District Court

District of Columbia

Notice of Electronic Filing 

The following transaction was entered on 10/18/2012 at 6:17 PM and filed on 10/18/2012 

Docket Text: 

MINUTE ORDER STAYING CASE. In light of the September 18, 2012 opinion of the D.C. 

Circuit, this case will be stayed pending the FEC's consideration of the petition for 

rulemaking filed by intervenor Center for Individual Freedom. The FEC shall file an 

updated status report on December 21, 2012. Signed by Judge Amy Berman Jackson on 

10/18/2012. (lcabj2) 

1:11-cv-00766-ABJ Notice has been electronically mailed to: 

David Brett Kolker dkolker@fec.gov, JSadio@fec.gov, RFreeman@fec.gov, vgraham@fec.gov 

Holly Jean Baker hbaker@fec.gov, dkolker@fec.gov, hsummers@fec.gov, jsadio@fec.gov, 

rfreeman@fec.gov, vgraham@fec.gov 

Harry Jacobs Summers hsummers@fec.gov, dkolker@fec.gov, jsadio@fec.gov, rfreeman@fec.gov, 

vgraham@fec.gov 

Roger Michael Witten roger.witten@wilmerhale.com, whmao@wilmerhale.com 

Activity in Case 1:11-cv-00766-ABJ VAN HOLLEN v. FEDERAL ELECTION 

COMMISSION Order Staying Case 

DCD_ECFNotice 

to: 

DCD_ECFNotice 

10/18/2012 06:19 PM 

Hide Details 

From: DCD_ECFNotice@dcd.uscourts.gov 

To: DCD_ECFNotice@dcd.uscourts.gov, 

Case Name: VAN HOLLEN v. FEDERAL ELECTION COMMISSION

Case Number: 1:11-cv-00766-ABJ

Filer:

Document Number:No document attached 

Page 1 of 2

file://C:\Users\rfreeman\AppData\Local\Temp\notesFCBCEE\~web6859.htm 10/19/2012
Thomas Wesley Kirby tkirby@wileyrein.com, awoodson@wileyrein.com, cburns@wileyrein.com, 

jbaran@wileyrein.com 

Seth E. Nesin snesin@fec.gov, dkolker@fec.gov, jsadio@fec.gov, rfreeman@fec.gov, 

vgraham@fec.gov 

Jason B. Torchinsky jtorchinsky@holtzmanlaw.net, mbayes@holtzmanlaw.net 

Fiona J. Kaye fiona.kaye@wilmerhale.com 

1:11-cv-00766-ABJ Notice will be delivered by other means to:: 

Page 2 of 2

file://C:\Users\rfreeman\AppData\Local\Temp\notesFCBCEE\~web6859.htm 10/19/2012
#### § 112.43-15 Emergency lighting feeders.

For a vessel with fire bulkheads forming fire zones, at least one emergency lighting feeder must supply only the emergency lights between two adjacent main vertical fire zone bulkheads. The emergency lighting feeder must be separated as widely as practicable from any general lighting feeder supplying the same space.

[CGD 74-125A, 47 FR 15267, Apr. 8, 1982, as amended by CGD 94-108, 61 FR 28287, June 4, 1996]
FILED: June 8, 2010

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

___________________

No. 08-1977 

(3:08-cv-00483-JRS)

___________________

THE REAL TRUTH ABOUT OBAMA, INC.

 Plaintiff - Appellant

v.

FEDERAL ELECTION COMMISSION; UNITED STATES DEPARTMENT OF JUSTICE

 Defendants - Appellees

------------------------------

CAMPAIGN LEGAL CENTER; DEMOCRACY 21

 Amici Supporting Appellee 

___________________

J U D G M E N T

___________________

The Supreme Court of the United States has remanded this 

case to this Court for further action.

In accordance with the decision of this Court, this case is 

remanded to the District Court.

This judgment shall take effect upon issuance of this 

Court's mandate in accordance with Fed. R. App. P. 41.

/s/ PATRICIA S. CONNOR, CLERK

Case: 08-1977 Document: 83-1 Date Filed: 06/08/2010 Page: 1