alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1179
JAMES L. MELVIN, Plaintiff - Appellant, versus ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (CA-03-968-5) Submitted: August 18, 2005 Decided: August 23, 2005 Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. James L. Melvin, Appellant Pro Se. David J. Cortes, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: James L. Melvin appeals the district court’s order denying relief in his civil action alleging a breach of a settlement agreement. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Melvin v. Principi, Sec. of Veterans Affairs , No. CA-03-968-5 (E.D.N.C. Dec. 2, 2004). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL THREET, No. 14-13345

v. District Judge Bernard A. Friedman

Magistrate Judge R. Steven Whalen

D. PHILLIPS, ET AL.,

Defendants.

 /

ORDER DENYING MOTION TO APPOINT COUNSEL

Plaintiff, a pro se litigant in this civil rights action brought under 42 U.S.C. §1983,

has filed a motion for appointment of counsel [Docket #19].

Unlike criminal cases, there is no constitutional or statutory right to the

appointment of counsel in civil cases. Rather, the Court requests members of the bar to

assist in appropriate cases. In Lavado v. Keohane, 992 F.2d 601, 605-606 (6th Cir. 1993),

the Sixth Circuit noted that “[a]ppointment of counsel in a civil case is not a

constitutional right. It is a privilege that is justified only by exceptional circumstances.”

(Internal quotations and citations omitted).

It is the practice of this Court to defer any attempt to obtain counsel for pro se civil

rights Plaintiffs until after motions to dismiss or motions for summary judgment have

been denied. A motion for summary judgment is pending [Doc. #21]. At this stage of the

proceedings, Plaintiffs’ request for counsel is premature.

-1-

2:14-cv-13345-BAF-RSW Doc # 23 Filed 11/14/14 Pg 1 of 2 Pg ID 84
Accordingly, Plaintiffs’ Motion to Appoint Counsel [Docket #19] is DENIED

WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Date: November 14, 2014

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record on

November 14, 2014, electronically and/or by U.S. mail.

s/Marlena Williams

Case Manager 

-2-

2:14-cv-13345-BAF-RSW Doc # 23 Filed 11/14/14 Pg 2 of 2 Pg ID 85
#### FRED BURROWS, ROSE WEINER, IRVING WEINER, HER HUSBAND, AND PAULINE WEINER, PLAINTIFFS, v. IDA JUFFE, DEFENDANT.

Submitted October 11, 1929

Decided December 13, 1929.

Before Justices Pabkee, Black and Bodine.

Eor the plaintiffs, *Carey & Lane.*

For the defendant, *Hobart & Minará.*

Pee Cueiam.

An automobile accident occurred on July 25th, 1926, on the road to Monticello, New York. The plaintiff Ered Burrows was the owner of one of the cars and defendant, Ida Juffe, was the owner of the other. Ered Burrows turned over the matter of bringing suit to a New York lawyer named Cohen. Irving Simon, a New Jersey attorney, was intrusted with the matter by Cohen. An action was commenced in the Supreme Court. The defendant filed a counter-claim. The plaintiffs’ case was not moved for two years, although noticed for trial for several terms. The defendant finally noticed the case for trial on her counter-claim at the May term, 1928, of the Union Circuit. The case was carried over to the October term. On November 26th, 1928, counsel for defendant notified the plaintiffs’ attorney that the case would be called on November 27th. It was reached for trial on December 5th, 1928, and judgment was entered on the verdict of a jury.

*1112The proofs do not show surprise. They show that the plaintiff did nothing about his case beyond consulting Cohen, •and turning the matter over to him. There is no deposition from Cohen, Simon or the plaintiffs other than Burrows. Mere failure to pay attention to a law suit is no basis for claiming surprise.

The rule will be discharged.
|   | (1)                                       The Form 10-KSB fully complies with the requirements of section 13(a) or      section 15(d) of the Securities Exchange Act of 1934, as amended;      and |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2)                                       The information contained in the Form 10-KSB fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:       March 31, 2008 |   | By:    | /s/      Alan J.      Mintz                                                                   |
|---------------------------------|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                            |   |   |                Alan J. Mintz                                                                                                                                                                                                                                                                                                                                                                                             |
|                            |   |   |                President and Chief Executive Officer                                                                                                                                                                                                                                                                                                                                                                     |
|                            |   |   |                (Principal Executive Officer)                                                                                                                                                                                                                                                                                                                                                                             |
§ 15.103 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard, Office of Merchant Mariner Credentialing (CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, 202-372-1492, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( b ) International Maritime Organization (IMO), 4 Albert Embankment, London, SE1 7SR England: ( 1 ) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, 2011 (STCW Convention), incorporation by reference approved for §§ 15.403, 15.404, 15.1103, 15.1105, and 15.1109.
( 2 ) The Seafarers' Training, Certification and Watchkeeping Code, as amended, 2011 (STCW Code), incorporation by reference approved for § 15.1109.
( 3 ) The International Convention for the Safety of Life at Sea, 1974 (SOLAS), approved for incorporation by reference in §§ 15.818 and 15.1103.
[USCG-2004-17914, 78 FR 78000, Dec. 24, 2013, as amended by USCG-2016-0315, 81 FR 43955, July 6, 2016]
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Page 18197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1782]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Newspapers Used for Publication of Legal Notice of Appealable 
Decisions for the Northern Region; Northern Idaho, Montana, North 
Dakota, and Portions of South Dakota and Eastern Washington

AGENCY: Forest Service, USDA.

ACTION: Notice.

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

SUMMARY: This notice lists the newspapers that will be used by all 
Ranger Districts, Forests, Grasslands, and the Regional Office of the 
Northern Region to publish legal notices for public comment and 
decisions subject to appeal and predecisional administrative review 
under 36 CFR 215, 217, and 218. The intended effect of this action is 
to inform interested members of the public which newspapers will be 
used to publish legal notices for public comment or decisions; thereby 
allowing them to receive constructive notice of a decision, to provide 
clear evidence of timely notice, and to achieve consistency in 
administering the appeals process.

DATES: Publication of legal notices in the listed newspapers will begin 
with decisions subject to appeal that are made on or after April 6, 
2007. The list of newspapers will remain in effect until another notice 
is published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Appeals and Litigation Group Leader, 
Northern Region, P.O. Box 7669, Missoula, Montana 59807. Phone: (406) 
329-3696.
    The newspapers to be used are as follows:

Northern Regional Office

    Regional Forester decisions in Montana: The Missoulian, Great Falls 
Tribune, and The Billings Gazette.
    Regional Forester decisions in Northern Idaho and Eastern 
Washington: Coeur d'Alene Press and Lewiston Tribune.
    Regional Forester decisions in North Dakota: Bismarck Tribune.
    Regional Forester decisions in South Dakota: Bismarck Tribune.
    Beaverhead/Deerlodge NF--Montana Standard.
    Bitterroot NF--Ravalli Republic.
    Clearwater NF--Lewiston Tribune.
    Custer NF--Billings Gazette (Montana).
     Rapid City Journal (South Dakota).
    Dakota Prairie Grasslands--Bismarck Tribune (North and South 
Dakota).
    Flathead NF--Daily Inter Lake.
    Gallatin NF--Bozeman Chronicle.
    Helena NF--Independent Record.
    Idaho Panhandle NFs--Coeur d'Alene Press.
    Kootenai NF--Daily Inter Lake.
    Lewis & Clark NF--Great Falls Tribune.
    Lolo NF--Missoulian.
    Nez Perce NF--Lewiston Tribune.

    Supplemental notices may be placed in any newspaper, but time 
frames/deadlines will be calculated based upon notices in newspapers of 
record listed above.

    Dated: April 2, 2007.
Kathleen A. McAllister,
Deputy Regional Forester.
[FR Doc. 07-1782 Filed 4-10-07; 8:45 am]
BILLING CODE 3410-11-M
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.                  

###### Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation

# Time and Date:

9 a.m. to 12 p.m., Friday, April 13, 2007.

# Place:

The offices of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation, 130 South Scott Avenue, Tucson, AZ 85701.

# Status:

This meeting will be open to the public, unless it is necessary for the Board to consider items in executive session.

# Matters to be Considered:

(1) A report on the U.S. Institute for Environmental Conflict Resolution; (2) A report from the Udall Center for Studies in Public Policy; (3) A report on the Native Nations Institute; (4) Program Reports; (5) Personnel matters; and (6) A Report from the Management Committee.

# Portions Open to the Public:

All sessions with the exception of the session listed below.

# Portions Closed to the Public:

Executive session.

# Contact Person for More Information:

Christopher L. Helms, Executive Director, 130 South Scott Avenue, Tucson, AZ 85701, (520) 901-8500.

Dated: March 20, 2007.

Christopher L. Helms,

Executive Director, Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation, and Federal Register Liaison Officer.

[FR Doc. 07-1458 Filed 3-21-07; 11:45 am]

BILLING CODE 6820-FN-M
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

December 28, 2011 

h1219 

Order 

 

December 28, 2011 

143534 

LAWRENCE HAYWOOD and MARIE 

HAYWOOD, 

Plaintiffs-Appellees, 

v SC: 143534 

 COA: 300177 

KRISTY J. SCHUMAKER, R.N. Kent CC: 10-001782-NH 

KIMBERLY J. ZIMMERMAN, R.N. and 

SPECTRUM HEALTH BUTTERWORTH 

HOSPITAL, 

Defendants-Appellants. 

____________________________________/ 

 On order of the Court, the application for leave to appeal the June 28, 2011 order 

of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

reconsideration in light of Driver v Naini, 490 Mich 239 (2011). 

 CAVANAGH, J., would deny leave to appeal. 

 HATHAWAY, J., would grant leave to appeal.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 Case Number: 14-cr-20431 

 v. Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

RODNEY OBRYAN, 

 Defendant. 

_______________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING 

DEFENDANT’S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA 

AGREEMENT UNDER ADVISEMENT 

On January 19, 2014, United States Magistrate Judge Patricia T. Morris conducted a plea 

hearing pursuant to Defendant’s consent. The Magistrate Judge issued her report on that same 

day, recommending that this Court accept Defendant’s plea of guilty. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections to the 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

 Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation 

(ECF No. 19) is ADOPTED. 

 It is further ORDERED that Defendant’s plea of guilty is ACCEPTED, and the Rule 11 

Plea Agreement (ECF No. 18) is taken UNDER ADVISEMENT. 

Dated: January 28, 2015 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

1:14-cr-20431-TLL-PTM Doc # 28 Filed 01/28/15 Pg 1 of 2 Pg ID 142
PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on January 28, 2015. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

1:14-cr-20431-TLL-PTM Doc # 28 Filed 01/28/15 Pg 2 of 2 Pg ID 143
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, April 09, 2019.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, April 09, 2019

The Court of Appeals hereby passes the following order

A19I0196. LARRY KENDRICK v. THE STATE.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

17SC150867
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o 

I)oc<«.4- txrpOST' XfxA-nS(>3 

D 

U.S. Departmen t o f 1200 New Jersey Ave.. S.E. 

Transportation Washington, DC 20590 

Office of the Secretary 

Of Transportation 

June 2, 2010 

VIA EMAIL 

Ms. Rebecca Cronkite 

AK Statewide Aviation 

Statewide Aviation Planner 

P.O. Box 196900 '-'^ 

Ancliorage,AK 99519 

Dear Ms. Cronkite: 

I would like to update you on the essential air service situation at Manley Hot Springs and 

Minto, Alaska, and solicit youi" assistance in our effort to contact the communities to give 

them an opportunity to submit comments, if they so wish. 

As you know, by Order 2010-4-11, issued April 19, 2010, the Department solicited proposals 

from air carriers interested in providing essential air service (EAS) at Manley Hot Springs and 

Minto in anticipation of the end of the cun-ent contract on August 31, 2010. At this stage, we 

would normally ask the communities for their preference for various carriers and service 

options. However, in response to that order, Warbelow's Air Ventures, Inc. (Warbelow's) 

was the only carrier to submit a proposal. We want to extend the opportunity to submit any 

final comments for the record that the communities may have before we make a carrierselection recommendation to the Assistant Secretary for Aviation and International Affairs. 

In addition to our brief description below, the proposal, as well as Order 2010-4-11, can be 

viewed online at www.regulations.gov. by doing a search on Docket DOT-OST-2004-17563. 

Warbelow's proposes to continue to provide its current level of service consisting of three 

flights a week over a Fairbanks-Manley-Minto-Fairbanks routing with 3-seat Cessna 206/207 

aircraft, at the annual subsidy rate of $95,481. 

Please note that proposed schedules are illustrative and the carrier may make schedule 

changes to reflect changing conditions. The Department expects subsidized air caniers to 

maintain well-timed aiid well-spaced flights to ensure full compensation. 

My purpose in writing to you at this time is to extend the opportunity to submit any final 

comments for the record that the communities may have on the proposed service. We request 

that you review this information as expeditiously as possible and submit any comments you 

may have as soon as possible, but in any case no later than June 30, 2010. We will carefully 
consider your comments before we submit a recommendation to the Assistant Secretary for a 

final decision. If you have questions, or if you find that you need additional time to draft 

comments, please let us know. 

Please submit your comments to me at: EAS@dot.gov 

We would appreciate it if you would also send a copy of your comments by fax to 

202-366-7638, or by email to both dennis.devanv@dot.gov and renee.williams@dot.eov. 

You should also send a copy of your comments to Warbelow's Air Ventures. If you have any 

questions, please feel free to contactmexu:JGLRen|e Williams of my staff at 202-366-1058. 

Dennis J. DeVany, Chief 

EAS & Domestic Analysis Division 

Office of Aviation Analysis
#### § 10.411 Simulator performance standards.

Simulators used in assessment of competence must meet the appropriate performance standards set out in Section A-I/12 of the STCW Code (incorporated by reference, see § 10.103 of this part). However, a simulator installed or brought into use before February 1, 2002, need not meet those standards if it fulfills the objectives of the assessment of competence or demonstration of proficiency.