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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS P. O’BRIEN United States Attorney LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division GERALYN A. GULSETH Special Assistant United States Attorney California Bar No. 160872 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8923 Facsimile: (415) 744-0134 E-Mail: [email protected] Attorneys for Defendant, Commissioner of Social Security UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION MARSHA DeCONTRERAS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ____________________________) SACV 08-0804 FMO JUDGMENT OF REMAND
The Court having approved the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) lodged concurrent with the lodging of the within Judgment of Remand, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the Stipulation of Remand.
DATED: 2-10-09 /s/ HON. FERNANDO M. OLGUIN UNITED STATES MAGISTRATE JUDGE Case 8:08-cv-00804-CAS-FMO Document 13 Filed 02/10/09 Page 1 of 1 Page ID #:34
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
TERRENCE SMITH,
Plaintiff,
V. Case No. CV412-051
DETECTIVE KHAALIS,
et. al., )
)
Defendants. )
REPORT AND RECOMMENDATION
Plaintiff filed the above-captioned 42 U.S.C. § 1983 civil rights
action against the defendants on February 14, 2012. Doe. 1. The Court
granted him leave to proceed in forma pauperis ("IFP"), but directed him
to complete and return both a Prison Trust Fund Account Statement
form and a Consent to Collection of Fees from Trust Account form before
the case could proceed. Doe. 3. The order further advised that if he
failed to return the forms within thirty days, the Court would presume
that he wished to dismiss his complaint without prejudice. Id. at 5.
Plaintiff never returned the required forms. Because the thirty-day
deadline expired for complying with this Court's explicit directions has
Case 4:12-cv-00051-WTM-GRS Document 4 Filed 04/11/12 Page 1 of 2
expired, plaintiffs § 1983 complaint should be DISMISSED WITHOUT
PREJUDICE.
SO REPORTED AND RECOMMENDED, this th day of
April, 2012.
UNITED SrNfES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
2
Case 4:12-cv-00051-WTM-GRS Document 4 Filed 04/11/12 Page 2 of 2
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PROCLAMATION 7802—JULY 16, 2004 118 STAT. 4155
Proclamation 7801 of July 2, 2004
Returning the Flag of the United States to Full-Staff
By the President of the United States of America
A Proclamation
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, and in
honor and tribute to the memory of Ronald Reagan, it is hereby ordered that the flag of the United States shall be displayed at full-staff
at the White House and on all buildings, grounds, and Naval vessels
of the United States beginning July 3, 2004. I also direct that beginning
on that same date, the representatives of the United States in foreign
countries shall make similar arrangements for the display of the flag
at full-staff over their Embassies, Legations, and other facilities abroad,
including all military facilities and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this second day
of July, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7802 of July 16, 2004
Captive Nations Week, 2004
By the President of the United States of America
A Proclamation
Each year during Captive Nations Week, the United States reaffirms
our commitment to building a world where human rights, democracy,
and freedom are respected and protected by the rule of law. As Americans, we believe the nonnegotiable demands of human dignity must be
upheld without regard to race, gender, creed, or nationality. We stand
in solidarity with those living under repressive regimes who seek democracy and peaceful changes in their homelands.
Throughout our Nation’s history, our brave men and women in uniform have fought for the freedom of those suffering under authoritarian
governments. From Nazi Germany to Bosnia, and Afghanistan to Iraq,
American service members have fought to remove brutal leaders. The
American people and their generous contributions have helped to rebuild traumatized nations and given the oppressed hope for the future.
More than a year ago, American service members and our coalition
partners freed the Iraqi people from a dictatorship that routinely tortured and executed innocent civilians. Since then, Americans have
helped the Iraqi people establish institutions for the protection of
human rights, based on democratic principles, to ensure that freedom
will endure in the new Iraq.
Earlier this summer, as our Nation paid respect to President Ronald
Reagan, we recognized his contributions to ending the Cold War and
advancing freedom around the world. In his first Inaugural Address,
118 STAT. 4156 PROCLAMATION 7803—JULY 23, 2004
President Reagan said: ‘‘Above all, we must realize that no arsenal or
no weapon in the arsenals of the world is so formidable as the will
and moral courage of free men and women. It is a weapon our adversaries in today’s world do not have. It is a weapon that we as Americans do have.’’; These words carry forward today as we continue to
push for democratic freedoms and human rights around the world.
The Congress, by Joint Resolution approved July 17, 1959 (73 Stat.
212), has authorized and requested the President to issue a proclamation designating the third week in July of each year as ‘‘Captive Nations Week.’’;
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United
States of America, do hereby proclaim July 18 through July 24, 2004,
as Captive Nations Week. I call upon the people of the United States
to observe this week with appropriate ceremonies and activities and to
reaffirm their commitment to all those seeking liberty, justice, and selfdetermination.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth
day of July, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth.
GEORGE W. BUSH
Proclamation 7803 of July 23, 2004
Parents’ Day, 2004
By the President of the United States of America
A Proclamation
Parents are a source of hope, help, stability, and love for their children.
Parents also teach children important values like courage, compassion,
self-reliance, reverence, integrity, and respect for others. As we celebrate Parents’ Day, we recognize the important contributions of America’s parents and renew our commitment to standing with our families
to help them raise healthy, responsible children.
Parenthood is a privilege and a great joy that comes with great responsibility. Mothers and fathers play the vital roles of provider, nurturer,
disciplinarian, counselor, advocate, educator, and motivator. They offer
unconditional love and help their children to realize their dreams. As
parents work to send the right messages to our young people, they
shape the character and future of our Nation.
To help strengthen American families and encourage parents’ active involvement in the lives of their children, my Administration is committed to promoting healthy marriages and responsible fatherhood. We
are providing information to parents on early childhood education and
development and supporting community-based parenting education
programs. We are also providing parents with more options in educating their children and more opportunities to adopt young boys and
girls in need.
On Parents’ Day, we honor America’s mothers and fathers for their
guidance, support, and unconditional love for their children. The tireVerDate 11-MAY-2000 15:04 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00122 Fmt 8087 Sfmt 8087 C:\STATUTES\2004\29194PT4.004 APPS10 PsN: 29194PT4
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[Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (1999, Book II)]
[October 7, 1999]
[Pages 1704-1707]
[From the U.S. Government Publishing Office www.gpo.gov]
Remarks on the Comprehensive Nuclear-Test-Ban Treaty and an Exchange
With Reporters
October 7, 1999
The President. Good morning. All this past week a chorus of voices
has been rising to urge the Senate to ratify the Comprehensive Test Ban
Treaty. Yesterday our Nation's military leaders and our leading nuclear
experts, including a large number of Nobel laureates, came here to say
that we can maintain the integrity of our nuclear stockpile without
testing, and that we would be safer with the test ban treaty. Today
religious leaders from across the spectrum and across the Nation are
urging America to seize the higher ground of leadership to stop the
spread of nuclear weapons.
I want to thank those who are here, including Bishop John
Glynn of the U.S. Catholic Bishop's
Conference, Reverend Elenora Giddings Ivory of the Presbyterian Church, Reverend Jay
Lintner of the National Council of Churches of
Christ, Mark Pelavin of the Religious Action
Center of Reformed Judaism, Bishop Theodore Schneider of the Evangelical Lutheran Church, Joe
Volk of the Friends Committee, Dr. James
Dunn; there are others here, as well. And I would
like to say a special word of thanks to Reverend Joan Brown
Campbell of the National Council of
Churches, as she concludes her responsibilities, for all the support she
has given to our administration over the years.
And let me express my special gratitude to Senator Jim
Jeffords from Vermont and Senator Byron
Dorgan of North Dakota for their presence
here and for their leadership in this cause.
These Americans are telling us that the debate about this treaty
ultimately comes down to a fairly straightforward question: Will we do
everything in our power to reduce the likelihood that someday somewhere
nuclear weapons will fall into the hands of someone with absolutely no
compunction about using them; or will we instead, send a signal to those
who have nuclear weapons, or those who want them, that we won't test but
that they can test now or they can test when they develop or acquire the
weapons? We have a moral responsibility to future generations to answer
that question correctly. And future generations won't forgive us if we
fail that responsibility.
We all recognize that no treaty by itself can guarantee our
security, and there is always the possibility of cheating. But this
treaty, like the Chemical Weapons Convention, gives us tools to
strengthen our security, a global network of sensors to detect nuclear
tests by others, the right to demand inspections, the means to mobilize
the whole world against potential violators. To throw away these tools
will ensure more testing and more development of more sophisticated and
more dangerous nuclear weapons.
This is a time to come together and do what is plainly in the best
interest of our country by embracing a treaty that requires other
nations to do what we have already decided to do ourselves, a treaty
that will freeze the development of nuclear weapons around the world at
a time when we enjoy an overwhelming advantage in military might and
technology.
So I say to the Senate today, whatever political commitments you may
have made, stop, listen, think about the implications of this for our
children's future. You have heard from the military. I hope you will
listen to them. You have heard from Nobel laureates and other experts
[[Page 1705]]
in nuclear weapons. I hope you listen to them. You listened to our
military and scientific leaders about national missile defense; listen
to them about the Comprehensive Test Ban Treaty. Listen to the religious
leaders who say it is the right thing to do. Listen to our allies,
including nuclear powers Britain and France, who say America must
continue to lead. And listen to the American people who have been for
this treaty from the very beginning. And ask yourselves, do you really
want to leave our children a world in which every nation has a green
light to test, develop, and deploy nuclear weapons, or a world in which
we have done everything we possibly can to minimize the risks nuclear
weapons pose to our children? To ratify this treaty is to answer the
question right and embrace our responsibility to future generations.
Thank you.
Patients' Bill of Rights Legislation
Q. If the Patients' Bill of Rights fails today will you work with
Republicans to get a more limited measure, or is it going to be your
bill or no bill?
The President. Well, I believe there is a majority of support for
the Norwood-Dingell bill. And the issue is not my bill or no bill. I'm
not the issue here. I'm covered by the Federal plan, and I have extended
by Executive order the protections of the Patients' Bill of Rights to
all people covered by all Federal plans, including the Members of
Congress.
The issue is whether we're going to give the American people
adequate protections. The Norwood-Dingell bill does that. We've got some
Republican support for it in the House. I think Congressman
Norwood, who has been a loyal Republican in
virtually every respect, has shown a great deal of courage here, along
with the doctors in the House, who know it's the right thing to do. And
we'll just hope that it works out. We've worked very hard, and they've
worked very hard. And I believe we have an excellent chance to win.
Congressional Inaction
Q. Mr. President, on the treaty, on health care, on tax cuts, and
even on budget matters, the Republicans up on Capitol Hill seem to be
saying that they do not want to work with you; they would prefer to wait
until another person is in the office. Do you get that impression?
The President. Well, on tax cuts, I vetoed their bill, and it was
the right thing to do. And it's a good thing for America. They are
showing us every day they can't even fund the spending that they've
already voted for and that they tried to saddle America with another
$800 billion worth of spending and say that somehow they could pay for
it.
I think there are some of them who want to be a lame-duck Congress.
They're still drawing a paycheck up there, and it's a little larger than
it was before a bill that I signed. And I don't think they ought to make
themselves into a lame-duck Congress. I think they ought to show up for
work, and we ought to do the people's business. There are plenty of
things we disagree on, but we have proved that we can work together
under adverse circumstances.
Does this year look more like 1999 than 1996, 1997, and 1998--I
mean, more like 1995? It does. It looks more like 1995. And I just don't
think they ought to be a lame-duck Congress. I don't think the American
people will understand it if they insist on sitting around up here for 2
years and doing nothing.
Now if the Senate doesn't want to work on saving Social Security and
Medicare and educating our children, then maybe they ought to take a
little time and confirm our judges and do some other things. But you
know, I think there are people in the Senate and in the House, on both
sides, who don't want to have a lame-duck 2 years for themselves.
Senator Jeffords is here on this;
Congressman Norwood and a number of other
Republicans are helping on the Patients' Bill of Rights. And I think
that we'll find a way to get some things done.
Labor Research Association Dinner
Q. Would you be mending fences with the Teamsters if it weren't for
the campaigns of the Vice President and Mrs. Clinton?
The President. Oh, absolutely. I'm not mending fences. I would have
accepted this invitation to go to this event tonight under any
circumstances. I have actually enjoyed a fairly constructive
relationship with the Teamsters over 6\1/2\ years. I've seen all those
stories, but I've been a little amused by them. I don't understand what
the fence mending--we have a difference of opinion about an issue or
two, but I would--if I had been invited to this under any circumstances,
I would certainly have gone.
[[Page 1706]]
Comprehensive Nuclear-Test-Ban Treaty
Q. Mr. President, any progress on delaying the treaty vote?
Q. [Inaudible]--for the Vice President.
The President. I'm sorry; I can't hear. What did you say about the
treaty vote?
Q. Any progress on delaying the treaty vote?
The President. I had a dinner here the other night that had
Republicans and Democrats, including Republicans who were on both sides
of the issue. There seems to be, among really thoughtful people who care
about this, an overwhelming consensus that not enough time has been
allocated to deal with the substantive issues that have to be discussed.
So we have had conversations obviously with the leadership and with
Members in both parties, and I think there is a chance that they will
reach an accord there.
Gov. George W. Bush of Texas
Q. Governor Bush seems to have taken a page from your history on
triangulation in his dealings with a Republican-led Congress. Do you
have any opinion on that, sir?
The President. First of all, I think the Republican right's being
too hard on Governor Bush. I mean, you know, I don't understand why
they're being so mean to him about this. He has stuck with them on--he
was for that tax cut that they wanted. His main health care adviser
sponsored that breakfast with the House leadership yesterday designed to
help kill the Patients' Bill of Rights. He stuck with them and the NRA
on the gun issue. You know, he's for privatizing Social Security. I
don't see why they're so hard on him, but I will say this, I personally
appreciated what he said.
Raising taxes on poor people is not the way to get out of this bind
we're in. But I think they're being way too hard on him and unfair.
AFL-CIO Endorsement
Q. When you talk to Mr. Hoffa about the AFL-CIO endorsement will you
ask him to throw his support behind the Vice President?
The President. Well I think everybody knows where I am on that. I
have met already with the executive committee of the AFL-CIO. That is
not the purpose of my going there. They invited me to come by, and I was
happy to accept, but I have already had a meeting with the executive
committee, with all the executive committee of the AFL-CIO, in which we
have discussed that issue among others. Thank you very much.
Comprehensive Nuclear-Test-Ban Treaty
Q. What part of the test ban--a followup on the test ban, sir?
The President. You want to ask a test ban treaty----
Q. Yes, just a followup. If it looks like you're not going to get
the votes, is it better tactically to go down to defeat and blame it on
the Republicans or to just----
The President. I'm not interested--that's not the--that's a game,
and that's wrong. I'm not interested in blaming them for this. I think
the Members who committed to be against the treaty before they heard the
arguments and studied the issues and listened to the Joint Chiefs of
Staff and the Nobel laureates made a mistake. I think that was wrong.
On the other hand, there are lots of issues, complex issues, that
serious people who have questions about it have raised that deserve to
be answered, worked through. And there are plenty of devices to do that
if there is time to do that. All I ask here is that we do what is in the
national interest. Let's just do what's right for America. I am not
interested in an issue to beat them up about. That would be a serious
mistake. That's not the way for the United States to behave in the
world. But neither should they be interested in an issue that they can
sort of take off the table with a defeat. That would do terrible damage
to the role of the United States, which has been, from the time of
President Eisenhower, the leader through Republican and Democratic
administrations alike, Republican and Democratic Congresses alike--until
this moment we have been the leader in the cause of nonproliferation.
We should not either try to get an issue that will enable us to beat
up on them, neither should they have an issue that enables them to show
that they can just deep-six this treaty. That would be a terrible
mistake. Therefore, we ought to have a regular orderly substantive
process that gives all the people the necessary time to consider this on
the merit and that gives the people who made early commitments--I think
wrongly, but they did it--the chance to move to doing the Senate's
business the way the Senate should do it.
Look at what these people are saying here today. This is huge. This
is bigger than party
[[Page 1707]]
politics. This is bigger than personal politics. This is about America's
future and the future of our children and the world. We have a chance to
reduce the likelihood that more countries will obtain nuclear weapons.
We have a chance to reduce the likelihood that countries that are now
working on developing nuclear technologies will be able to convert them
into usable weapons. We have a chance to reduce the likelihood that
countries that now have weapons will be able to make more advanced, more
sophisticated, and bigger weapons. We cannot walk away from that, and we
cannot let it get caught up in the kind of debate that would be unworthy
of the children and grandchildren of Republicans and Democrats.
Thank you.
I would like to ask Senator Jeffords--
let me just give credit where credit is due. Senator Jeffords got this
group together. And when I heard they were meeting, I invited them to
come down here to stand with us. So he deserves the credit for this day,
and Senator Dorgan has been perhaps our most
vociferous advocate on the Democratic side of this treaty. So I would
like to ask Senator Jeffords to say a few words and then invite Senator
Dorgan to say a few words.
[At this point, Senator James M. Jeffords
and Senator Byron L. Dorgan made brief
remarks.]
The President. Do you want to ask either one of them any questions?
Thank you very much.
Note: The President spoke at 11:55 a.m. on the South Lawn at the White
House prior to departure for New York City. In his remarks, he referred
to Bishop John J. Glynn, National Conference of Catholic Bishops,
Archdiocese of Military Services; Rev. Elenora Giddings Ivory, director,
Washington office, Presbyterian Church (U.S.A.); Rev. Jay Lintner,
director, Washington office, United Church of Christ; Mark J. Pelavin,
associate director, Religious Action Center of Reformed Judaism; Bishop
Theodore F. Schneider, Metropolitan Washington, DC, Synod, Evangelical
Lutheran Church in America; Joe Volk, executive secretary, Friends
Committee on National Legislation; James Dunn, executive director,
Baptist Joint Committee on Public Affairs; and Rev. Joan Brown Campbell,
general secretary, National Council of Churches. The President also
referred to his memorandum of February 20, 1998, on compliance of
Federal agencies with the Patients' Bill of Rights (Public Papers of the
Presidents: William J. Clinton, 1998 Book I (Washington: U.S. Government
Printing Office, 1999), p. 260). The transcript released by the Office
of the Press Secretary also included the remarks of Senator Jeffords and
Senator Dorgan.
```
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| "3\n\nMotion to Sell Personal Property\n\n- 1\n\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n(...TRUNCATED)
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| "CLASS ACTION COMPLAINT\n\n- 1\n\n- 1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n7\n\n8\n\n9\n\n10\n\n11\n\n12\n\n1(...TRUNCATED)
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