green
Positive treatment
Quoted verbatim 86×
225.8 score
G Cite
cited 42× by 42 distinct cases, 2019–2026 · 12 courts→ Stable ·
…a litigant may bring his own claims to federal court without counsel, but not the claims of others.
at p. 1321
✓
cited 37× by 35 distinct cases, 2021–2025 · 3 courts→ Stable ·
…a litigant may bring his own claims to federal court without counsel, but not the claims of others
at p. 1321
✓
cited 3× by 3 distinct cases, 2023–2026 · 2 courts ·
…a litigant may bring own claims to federal court without counsel, but not the claims of others.
at p. 1321
✓
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000
2013
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Q'NIKA UNION, SHARMARQUISE UNION, and BRANDON UNION v. CITY OF GARDNER, KANSAS, OFFICER CHRISTIAN KELLY, in his individual capacity, OFFICER MARCUS GIMORE, in his individual capacity, and SERGEANT VIRUETE, in his individual capacity
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
William E. Liebel v. Terri Robertson, et al.
a litigant may bring own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Miquel Avery and Cecil Avery v. The Board of County Commissioners of the County of El Paso Colorado
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Sean Anthony Suttington v. State of Kansas, et al.
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Charles Ray Johnson v. Sam On Demand
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Anthony J. Stonecipher, Claudene Stonecipher, and Vanessa Stonecipher, a minor, by and through her next friend and father, Anthony J. Stonecipher v. City of Alamogordo, et al.
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Henry Simpson v. Kolton Stoker, et al.
he competence of a layman is 'clearly too limited to allow him to risk the rights of others.
discussed
Cited as authority (verbatim quote)
Anthony J. Stonecipher, Claudene Stonecipher, and Vanessa Stonecipher, a minor, by and through her next friend and father, Anthony J. Stonecipher v. City of Alamogordo, et al.
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Ronald Satish Emrit and Presidential Committee/Political Action Committee/Separate Segregated Fund Number C00569897 d/b/a United Emrits of America v. Erin Burnett, et al.
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Insley Evans, Sr. v. State of Kansas, State of North Dakota, State of Montana and Police Departments, Municipalities, and Officials to be Named
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Clark v. Creighton
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
examined
Cited as authority (verbatim quote)
Hayes v. Ibarra
(2×)
a litigant may bring his own claims to federal court without counsel, but not the claims of others
examined
Cited as authority (verbatim quote)
ITAX Self Help Tax Co. v. Internal Revenue Service
(2×)
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Almeida v. Branch
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Ysasi v. State of New Mexico
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Kingsley v. Amazon.com Services LLC
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
ITAX Self Help Tax Co. v. Internal Revenue Service
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Hayes v. Ibarra
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Frank v. State of New Mexico
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Almeida v. Branch
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Almeida v. Branch
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Bulock v. Riesen
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Gunter v. State of Oklahoma
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Breshears v. Ford
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Ortiz v. Utah Board of Pardons
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Brown v. Laddner
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Emrit v. Musk
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Miller v. Weber
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Jones v. Moore City of
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
examined
Cited as authority (verbatim quote)
Donald Wenger v. Judge James T. Warren
a litigant may bring his own claims to federal court without counsel, but not the claims of others. this is so because the competence of a layman is clearly too limited to allow him to risk the rights of others.
discussed
Cited as authority (verbatim quote)
Eliason v. Cox
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Snyder v. Woods
on-attorneys proceeding pro se cannot adequately represent a class.
discussed
Cited as authority (verbatim quote)
Webb v. Sanders
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Jefferies v. Barbarosa Foods LTD
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Webb v. Sanders
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Blackwell v. Alien Property Custodian Representative
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Thomas v. United States District Court
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Turner v. Progressive Casualty Insurance Company
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Turner v. Progressive Casualty Insurance Company
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Blackwell v. Alien Property Custodian Representative
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Thomas v. Roberson
(2×)
also: Cited as authority (rule)
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Burnam v. Weld County Sheriffs, The
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Marquez v. The Board of County Commissioners of the County of Bernalillo
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Saramosing v. Corbett
a litigant may bring own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Keshia Wilson v. Dept of Corrections South Dakota
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Johnson v. Carter
a litigant may bring his own claims to federal court without counsel, but not the claims of others
discussed
Cited as authority (verbatim quote)
Lancaster v. American Equity Mortgage Inc
a litigant may bring own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Miller v. NMCYFD
(2×)
also: Cited as authority (rule)
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Seals v. Itex Group LLC
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
discussed
Cited as authority (verbatim quote)
Williams v. Martin
a litigant may bring his own claims to federal court without counsel, but not the claims of others.
Retrieving the full opinion text from the archive…
Donald E. FYMBO, Assignee of the Claims of Class Representatives, Plaintiff-Appellant, and James Howe; Lee A. Lindsey; Sandra Klinger; Gerrit Westervelt; Lawlor T. Westervelt, as Representatives of a Class of All Other Similarly Situated State Farm Insureds, Plaintiffs,
v.
STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee
v.
STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee
99-1305.
Court of Appeals for the Tenth Circuit.
Jun 5, 2000.
Donald E. Fymbo, pro se., Michael S. McCarthy, Jeanne M. Coleman, and Christopher P. Beall, Faegre & Benson LLP, Denver, Colorado, for Defendant-Appellee.
Kelly, McKay, Henry.
Cited by 339 opinions | Published
Citer courts: D. South Dakota (1)
McKAY, Circuit Judge.
Plaintiff Donald E. Fymbo, a public insurance adjuster appearing pro se, brought this class action suit against defendant State Farm Fire and Casualty Company on behalf of himself as assignee of certain State Farm insureds and on behalf of other similarly situated State Farm insureds. The magistrate judge recommended that the complaint be dismissed because Mr. Fymbo is not an attorney, his lack of competence was proven by his pleadings filed in the district court, and he was not an adequate representative for the[*1321] putative class under Fed.R.Civ.P. 23(a)(4). See R. doe. 15. The district court adopted the magistrate judge's recommendation, dismissed the complaint, and imposed sanctions of $500.00 under Fed.R.Civ.P. 11(b). See R. does. 20, 25. Mr. Fymbo appeals. We have jurisdiction under 28 U.S.C. § 1291. [1]
Issues not raised in plaintiffs objections to the magistrate judge's recommendation are waived on appeal. See Smith v. Kitchen, 156 F.3d 1025, 1029 (10th Cir.1997). Mr. Fymbo objected to the magistrate judge's determination that he was not an adequate class representative but not to the dismissal of his assigned claims. See R. doe. 16. Therefore, the only issue before this court is whether the district court erred in dismissing the complaint because Mr. Fymbo was not capable of representing the putative class. We review the dismissal of a complaint under Rule 12(b)(6) de novo. See Chemical Weapons Working Group, Inc. v. United States Dep't of the Army, 111 F.3d 1485, 1490 (10th Cir.1997). We review the district court's finding that Mr. Fymbo is not an adequate class representative for abuse of discretion. See Pilots Against Illegal Dues v. Air Line Pilots Ass'n, 938 F.2d 1123, 1134 (10th Cir.1991).
We do not hesitate to affirm the district court's decision that Mr. Fymbo cannot adequately represent the putative class. Under Rule 23(a)(4), a class representative must "fairly and adequately protect the interests of the class." A litigant may bring his own claims to federal court without counsel, but not the claims of others. See 28 U.S.C. § 1654; see also 7A Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d § 1769.1 & n. 12 (2d ed.1986) (citing cases for rule that "class representatives cannot appear pro se"). This is so because the competence of a layman is "clearly too limited to allow him to risk the rights of others." Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir.1975).
AFFIRMED.
1
. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.