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United States Court Cases

District Of Columbia Court Of Appeals Record

MICHAEL VAN DYKE JACKSON, V. OAKES MANAGEMENT, INC.

Case Information: 10-CV-0820
Short Caption:MICHAEL VAN DYKE JACKSON, V. OAKES MANAGEMENT, INC.Classification:Appeals - Civil - Landlord And Tenant
Superior Court or Agency Case Number:LTB3773-10Filed Date:06/25/2010

Opening Event Date:06/25/2010Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:09/16/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMichael Jackson YPro SeN
AppelleeOaks Management Inc.N
Stephen O. HesslerNY

Events
Event DateStatusDescriptionResult
06/25/2010NOTICE OF APPEAL
07/12/2010APPELLANT'S MOTION FOR STAY- of eviction
07/13/2010TMC - appellant's EMERGENCY motion for stay - oppo
07/16/2010APPELLEE'S OPPOSITION- to aplt's motion for emergency stay
07/16/2010On consideration of appellant's emergency motion for stay, the oppositon thereto, and it appearing that appellant was granted in forma pauperis satus in the trial court, and it further appearing that a transcript may be needed for this appeal, it is ORDERED that appellant's emergency motion for stay is denied. See Barry v. Washington Post Co., 529 A.2d 319, 321 (D.C. 1987) (to obtain a stay of judgment of possession, appellant must demonstrate that he is (1) likely to suceed on the merits of the appal, (2) irreparable harm will result if the stay is denied, (3) the opposing party will not be harmed by the stay, and (4) public interest favours the granting of stay); Curry v. Dunbar House, Inc., 362 A.2d 686 (D.C. 1976) (a landlord who operates premises in violation of the Housing Regulations is not precluded from maintaining an action to recover possession for nonpayment of rent); and Trans-Lux Radio City Corp. v. Serv. Parking Corp., 54 A.2d 144 (D.C. 1947) (tenant can redeem tenancy by payment of Trans-Lux amount). It is (MORE)
07/16/2010 F/ORDERED that appellant shall within 10 calendar days from the date of this order, file with the Court Reporting Division a motion for preparation of transcripts of proceedings in the Superior Court, with notice to appellee, for a determination in accordance with Hancock v. Mutual of Omaha Ins. Co., 472 A.2d 867 (D.C. 1984). (the losing civil litigant who proceeds in forma pauperis has the burden of convincing the trial court that a substantial question exists on appeal in order to get a free transcript). See D.C. App. R. 10 (b)(5)(A). The Court Reporting Division will submit the motion to the appropriate judge for a decision as to whether transcripts will be provided at no cost. It is (MORE)
07/16/2010 FURTHER ORDERED that appellant shall simultaneously submit a file-stamped copy of that motion with this court. It is FURTHER ORDERED that appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). (RZGLTE) (kk)
08/26/2010 On consideration of this court's order of July 16, 2010, directing appellant to submit to this court a file-stamped copy of the motion for appeal transcript filed in the Superior Court, within 10 days from the date of the order, and it appearing that appellant has failed to comply with the order, it is ORDERED that this appeal is hereby dismissed. See D.C. App. R. 13. (ETW) elp
08/26/2010DISMISSED
09/16/2010MANDATE ISSUED
04/18/2014FiledArchived