alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

August 12, 2013

Before

FRANK H. EASTERBROOK, Chief Judge

RICHARD D. CUDAHY, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 11

‐ 3449

MINOR M. SCOTT, III, as personal representative for the Estate of MAUREEN K. SCOTT, deceased, Plaintiff

‐ Appellant
,

v.

CHUHAK & TECSON, P.C., et al.
, Defendants

‐ Appellees

. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 09

‐ cv

‐ 06858

Ronald A. Guzmán, Judge

.

ORDER

The opinion of this court issued August 5, 2013, is amended to reflect the date of argument as October 26, 2012.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

United States of America,

Plaintiff,

v. Case No. 09-20105

Tyree Cornelius Dye, Honorable Sean F. Cox

Defendant.

_________________________________/

ORDER STRIKING DOCKET ENTRY NOS. 142, 143, AND 144

On September 24, 2010, the Court received three pro se motions from Defendant Tyree

Cornelius Dye (“Defendant”), including a motion to show cause (Doc. No. 142), a motion to

request bond (Doc. No.143), and a motion to withdraw his plea (Doc. No. 144). 

Because Defendant is currently represented by counsel, William Swor, Defendant is

attempting to proceed in a “hybrid” fashion, both through his counsel and pro se by way of his

motion. See McKaskle v. Wiggins, 465 U.S. 168, 183 (1984). Although the Sixth Amendment

guarantees defendants the right to conduct their own defense and even represent themselves, see

Farretta v. California, 422 U.S. 806 (1975), the right of self-representation does not include the

right to proceed in a hybrid manner. McKaskle, 465 U.S. at 183; see also United States v.

Mosely, 810 F.2d 93, 97-98 (6th Cir. 1987). This Court will not allow Defendant to proceed in a

hybrid manner, and will therefore strike Defendant’s pro se motions, Docket Entry Nos.141, 142,

and 143. 

Accordingly, IT IS ORDERED that Docket Entry Nos. 141, 142, and 143 are hereby
STRICKEN.

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: September 29, 2010

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

September 29, 2010, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. ER97-4468-001]

Take notice that on April 30, 2008, Puget Sound Energy, Inc. filed a voluntary refund report.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

                    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov.*                     Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                

                    This filing is accessible on-line at                     *http://www.ferc.gov*, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov*, or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                

*Comment Date:*                     5 pm Eastern Time on August 11, 2008.                

Kimberly D. Bose,

Secretary.

[FR Doc. E8-18008 Filed 8-5-08; 8:45 am]

BILLING CODE 6717-01-P
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 12

- 00452

- CR

Terence Danta Lavine

v.

The State of Texas §

§

§

§

§ From County Criminal Court No. 1

o f Den ton County (CR

- 2011

- 08330

- A )

January 30, 2014

P er C uriam

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
236 So.2d 679

#### Charles L. FORRISTER v. Bonnie W. FAGAN and Elbert Bright, Co-executors of Estate of J. T. Williams, Deceased.

7 Div. 835.

Supreme Court of Alabama.

June 11, 1970.

Fred Ray Lybrand, Anniston, for appellant.

Knox, Jones, Woolf & Merrill, Anniston, for appellees.

*20SIMPSON, Justice.

This is an appeal from a final decree rendered in a case involving the boundary line between the property of the appellant and J. T. Williams, who was the complainant below and who died after the appeal in the case had been perfected. The court concluded that the boundary line was as contended by the complainant, Williams.

Only two points are made by appellant on appeal: (1) His insistence that the trial court erred in sustaining the complainant’s demurrer to appellant’s cross-complaint. We have examined the cross-bill and concur with the trial court — it is demurrable. Furthermore, only a single question was involved below and that was where the boundary line was between the property of complainant and respondent, who were coterminous land owners. This issue was raised by the bill and answer thereto. (2) That the decree rendered below is contrary to the evidence and law in the case.

The evidence clearly establishes that the complainant below, J. T. Williams, has been in possession of the property involved here for many, many years. He and his predecessors in title have for many years claimed to own the land up to a dirt road, which was considered by all as the boundary line between the appellant’s property and that of the complainant below. The evidence is overwhelming to the effect that this road has been treated by both sides of this litigation, and their predecessors, as the boundary line between their parcels. In fact the appellant himself indicated that he never knew he owned any land on the east side of the road (complainant’s side) until his son noticed in an old deed that the description seemed to include land on the east side of the road.

The evidence is highly supportive of the conclusion reached by the trial court that the complainant below, J. T. Williams, had acquired title to the land up to the dirt road by adverse possession. His decree establishing the boundary line between the two parcels is in line with the evidence. It is presumed to be correct. Jones v. Wise, 282 Ala. 707, 213 So.2d 914; Wiginton v. Duncan, 281 Ala. 395, 203 So.2d 116. A cursory reading of the testimony taken below will refute any charge that the conclusions based upon it are palpably erroneous, a result which is necessary if we are to substitute our conclusions for those of the trial court. Morgan v. Larde, 282 Ala. 426, 212 So.2d 594; Butts v. Lancaster, 279 Ala. 589, 188 So.2d 548.

Affirmed.

LIVINGSTON, C. J., and COLEMAN, BLOODWORTH and McCALL, JJ., concur.
[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Page 45769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18122]


=======================================================================
-----------------------------------------------------------------------

FARM CREDIT ADMINISTRATION


Farm Credit Administration Board; Regular Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given, pursuant to the Government in the 
Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm 
Credit Administration Board (Board).

Date and Time: The regular meeting of the Board will be held at the 
offices of the Farm Credit Administration in McLean, Virginia, on 
August 14, 2008, from 9 a.m. until such time as the Board concludes its 
business.

FOR FURTHER INFORMATION CONTACT: Roland E. Smith, Secretary to the Farm 
Credit Administration Board, (703) 883-4009, TTY (703) 883-4056.

ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, 
Virginia 22102-5090.

SUPPLEMENTARY INFORMATION: This meeting of the Board will be open to 
the public (limited space available). In order to increase the 
accessibility to Board meetings, persons requiring assistance should 
make arrangements in advance. The matters to be considered at the 
meeting are:

Open Session

A. Approval of Minutes

    <bullet> July 10, 2008

B. New Business

    <bullet> Fall 2008 Abstract of the Unified Agenda of Federal 
Regulatory and Deregulatory Actions and the Fall 2008 Regulatory 
Performance Plan
    <bullet> Equal Employment Opportunity and Diversity Policy 
Statement

C. Reports

    <bullet> Office of Management Services Quarterly Report

    Dated: August 1, 2008.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. E8-18122 Filed 8-4-08; 9:15 am]
BILLING CODE 6705-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #11310]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Minnesota (FEMA–1772–DR), dated 06/25/2008.

*Incident:*                         Severe Storms and Flooding.                    

*Incident Period:*                         06/07/2008 through 06/12/2008.                    

*Effective Date:*                         07/16/2008.                    

*Physical Loan Application Deadline Date:*                         08/25/2008.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Minnesota, dated 06/25/2008, is hereby amended to include the following areas as adversely affected by the disaster.

Primary Counties:

Nobles.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Herbert L. Mitchell,

Associate Administrator for Disaster Assistance.

[FR Doc. E8–17546 Filed 7–30–08; 8:45 am]

BILLING CODE 8025–01–P
<PAGE>


                                                                    EXHIBIT 99.1



                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Annual Report of First Fortis Life Insurance
Company (the "Company") on Form 10-K for the period ended December 31, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, the undersigned Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:
         1) The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

         2) The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.


/s/ Robert B. Pollock
---------------------
Robert B. Pollock
Chief Executive Officer
March 27, 2003
Exhibit
31.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER




I, Carl
Oberg, President and Chief Executive Officer of Classic Costume Company, Inc.,
(the “Registrant”), certify that:




1.    I
have reviewed this quarterly report on Form 10-Q of the Registrant;




2.    Based
on my knowledge, this quarterly report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this quarterly
report;




3.    Based
on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Registrant as
of, and for, the periods presented in this quarterly report;




4.    The
Registrant’s other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the Registrant and we have:




(a)    designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;




(b)    evaluated
the effectiveness of the Registrant’s disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and




(c)    disclosed
in this quarterly report any change in the Registrant’s internal control over
financial reporting that occurred during the Registrant’s most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the Registrant’s internal control over financial reporting;
and




5.    The
Registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
Registrant’s auditors and the audit committee of Registrant’s board of
directors:




(a)    all
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the Registrant’s ability to record, process, summarize and
report financial information; and




(b)    any
fraud, whether or not material, that involves management or other employees who
have a significant role in the Registrant’s internal controls over financial
reporting.




Dated:
August 18, 2008




/s/
      Carl Oberg
              Carl
      ObergPresident
      and Chief Executive Officer(Principal
      Executive Officer)
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 09-20025

SAMUEL L. RIDDLE, JR., HONORABLE AVERN COHN

Defendant.

___________________________________/

ORDER REGARDING PRETRIAL MOTIONS

This is a criminal case. Before the Court are the following motions:

1. Defendant’s Motion in Limine (Dkt. #97)

2. The government’s Motion in Limine to Preclude Evidence or Argument

Concerning Improper Prosecution (Dkt. #102)

3. Defendant’s Motion for Discovery (Dkt. #103)

For the reasons stated on the record at the hearing on January 5, 2010, a ruling

on defendant’s Motion in Limine is deferred until after opening statements. The

government’s Motion in Limine to Preclude Evidence or Argument Concerning Improper

Prosecution is GRANTED. Defendant has the right to move for reconsideration. 

Defendant’s Motion for Discovery has been resolved as stated at the hearing. 

SO ORDERED.

Dated: January 6, 2010 s/ Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of

record on this date, January 6, 2010, by electronic and/or ordinary mail.

 s/ Julie Owens 

Case Manager, (313) 234-5160

2:09-cr-20025-MOB-MAR Doc # 104 Filed 01/06/10 Pg 1 of 1 Pg ID 446
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

 VS. CRIMINAL NO: 09-CR-20353-06

GONZALES-SALDANA, Hugo/

ORDER GRANTING ACCESS TO WAYNE COUNTY JAIL

IT IS ORDERED THAT, Spanish interpreter Roberto Tonucci in the above cause be allowed to

accompany Defense Counsel and United States Probation Officer Thaddeus K. Dean, Jr. into the

Wayne County Jail on October 12, 2010.

 s/Patrick J. Duggan 

 Patrick J. Duggan

 United States District Judge

Dated: October 12, 2010

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

October 12, 2010, by electronic and/or ordinary mail.

 s/Marilyn Orem 

 Case Manager
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

SAMIRA PATROS, 

 

 Plaintiff, Civil Action No. 

 09-cv-13237 

vs. 

 HON. MARK A. GOLDSMITH 

DEUTSCHE BANK NATIONAL TRUST 

COMPANY and AMERICAN HOME 

MORTGAGE SERVICING, INC. 

 

 Defendants 

_____________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION [DE#11], GRANTING 

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DE#8], and DISMISSING 

PLAINTIFF’S COMPLAINT 

This matter is presently before the Court on the Report and Recommendation 

(“R&R”) of Magistrate Judge Mona Majzoub, entered on January 31, 2011. The Magistrate 

Judge recommends that Defendant’s motion for summary judgment be granted and that 

Plaintiff’s Complaint be dismissed. Plaintiff has not filed objections to the R&R and the time 

to do so has expired. Thus, Plaintiff has waived any further right to appeal. Thomas v. Arn, 

474 U.S. 140, 155 (1985). As the Magistrate Judge noted in the R&R, Plaintiff also did not 

file a response to Defendant’s motion, nor did she file a witness list before the March 1, 2010 

deadline. In any event, the Court has reviewed the R&R and finds that the Magistrate Judge 

has reached the correct result for the correct reasons. Accordingly, 

 IT IS ORDERED that the Magistrate Judge’s R&R [docket entry 11] is accepted and 

adopted as the findings and conclusions of the Court. 

 IT IS FURTHER ORDERED that Defendant’s motion for summary judgment [docket 

entry 8] is granted and that Plaintiff’s Complaint is DISMISSED. 

 s/Mark A. Goldsmith 

 MARK A. GOLDSMITH 

 United States District Judge 

Dated: March 16, 2011 

4:09-cv-13237-MAG-MKM Doc # 12 Filed 03/16/11 Pg 1 of 2 Pg ID 179
2 

CERTIFICATE OF SERVICE

 The undersigned certifies that the foregoing document was served upon counsel of 

record and any unrepresented parties via the Court's ECF System to their respective email or 

First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on March 16, 

2011. 

 s/Deborah J. Goltz 

 DEBORAH J. GOLTZ 

 Case Manager 

4:09-cv-13237-MAG-MKM Doc # 12 Filed 03/16/11 Pg 2 of 2 Pg ID 180