alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-08-0516-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL B

	FEBRUARY 12, 2009

	______________________________

	CURTIS LEE SMITH,

				Appellant

	v.

	THE STATE OF TEXAS, 

				Appellee

								_________________________________

	FROM THE 242nd DISTRICT COURT OF HALE COUNTY;

	NO. B17591-0803; HON. EDWARD LEE SELF, PRESIDING

	_______________________________

	ON ABATEMENT AND REMAND

	_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

	Appellant appeals from his conviction for possession of a controlled substance.  Neither the clerk’s record nor the reporter’s record have been filed.  Extension motions were filed by the clerk and court reporter on February 9, 2009.  Movants represented that appellant has not submitted a request for the clerk’s or reporter’s record and has not paid or made arrangements to pay for the clerk’s record.

	Accordingly, we abate this appeal and remand the cause to the 242nd District Court of Hale County (trial court) for further proceedings.  Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:

	1.  whether appellant desires to prosecute the appeal; 

    	2.  whether appellant is indigent; and, 

	3.  whether the appellant is entitled to a free appellate record due to his indigency. 

	The trial court shall cause the hearing to be transcribed.  So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be developed a supplemental clerk’s record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be developed a reporter’s record transcribing the evidence and arguments presented at the aforementioned hearing, if any.  Additionally, the district court shall then file the supplemental records and reporter’s records transcribing the hearing with the clerk of this court on or before March 16, 2009.  Should further time be needed by the trial court to perform these tasks, then same must be requested before March 16, 2009.

	It is so ordered.

							Per Curiam

Do not publish.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

GENNENE GRAVES, Individually and on 

Behalf of Others Similarly Situated,

Plaintiff,

vs.

KELLERMEYER BERGENSONS 

SERVICES, LLC,

Defendant.

CASE NO. 2:15-CV-10052

HON. MARIANNE O. BATTANI

MAG. JUDGE DAVID R. GRAND

JULIE A. PETRIK (P47131)

IAN B. LYNGKLIP (P47143)

LYNGKLIP & ASSOCIATES 

CONSUMER LAW CENTER, PLC

24500 Northwestern Highway

Suite 206

Southfield, Michigan 48075

Telephone: (248) 208-8864

Facsimile: (248) 208-9073

ian@michiganconsumerlaw.com

Attorneys for Plaintiff

GARY C. ANKERS (P41599)

MICHAEL A. CHICHESTER, JR. (P70823)

LITTLER MENDELSON PLC

200 Renaissance Center, Suite 3110

Detroit, Michigan 48243

Telephone: (313) 202-3222

(313) 202-3254

Facsimile: (313) 446-6405

gankers@littler.com

mchichester@littler.com

Attorneys for Defendant

E. MICHELLE DRAKE (MN0387366)

JOHN G. ALBANESE (MN0395882)

NICHOLS KASTER, PLLP

4600 IDS Center

80 South Eighth Street

Minneapolis, Minnesota 55402

Telephone: (612) 256-3200

Facsimile: (612) 338-4878

drake@nka.com

jalbanese@nka.com

Attorneys for Plaintiffs

STIPULATED ORDER OF DISMISSAL WITH PREJUDICE

The parties having stipulated to the entry of an Order dismissing the case 

Case 2:15-cv-10052-MOB-DRG ECF No. 10 filed 04/20/15 PageID.44 Page 1 of 3
2

with prejudice, and the Court being fully advised in the premises;

IT IS HEREBY ORDERED that the above-entitled cause be, and hereby 

is, DISMISSED WITH PREJUDICE, and each party to bear its own costs.

Date: April 20, 2015 s/Marianne O. Battani

MARIANNE O. BATTANI

United States District Judge

The parties, through their respective counsel, hereby stipulate to the above 

Order.

LYNGKLIP & ASSOCIATES

CONSUMER LAW CENTER, PLC

/s/ Ian B. Lyngklip (w/consent)

Julie A. Petrik (P47131)

Ian B. Lyngklip (P47143)

24500 Northwestern Highway

Suite 206

Southfield, Michigan 48075

Telephone: (248) 208-8864

Facsimile: (248) 208-9073

ian@michiganconsumerlaw.com

Attorneys for Plaintiff

LITTLER MENDELSON PLC

/s/ Gary C. Ankers

Gary C. Ankers (P41599)

Michael A. Chichester, Jr. (P70823)

200 Renaissance Center, Suite 3110

Detroit, Michigan 48243

Telephone: (313) 202-3222

(313) 202-3254

Facsimile: (313) 446-6405

gankers@littler.com

mchichester@littler.com

Attorneys for Defendant

Case 2:15-cv-10052-MOB-DRG ECF No. 10 filed 04/20/15 PageID.45 Page 2 of 3
3

NICHOLS KASTER, PLLP

/s/ John G. Albanese (w/consent)

E. Michelle Drake (MN0387366)

John G. Albanese (MN0395882)

4600 IDS Center

80 South Eighth Street

Minneapolis, Minnesota 55402

Telephone: (612) 256-3200

Facsimile: (612) 338-4878

drake@nka.com

jalbanese@nka.com

Attorneys for Plaintiffs

Dated: April 2, 2015 Dated: April 2, 2015

Case 2:15-cv-10052-MOB-DRG ECF No. 10 filed 04/20/15 PageID.46 Page 3 of 3
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

§ 154.703 Methane (LNG). Unless a cargo tank carrying methane (LNG) can withstand the pressure build up due to boil-off for 21 days, the pressure in the cargo tank must be maintained below the set pressure of the safety relief valve for at least 21 days by: ( a ) A refrigeration system that meets § 154.702;
( b ) A waste heat or catalytic furnace that burns boil-off gas, and: ( 1 ) Maintains the stack exhaust temperature below 535 °C (995 °F);
( 2 ) Exhibits no visible flame; and
( 3 ) Is specially approved by the Commandant (CG-OES);
( c ) Boilers, inert gas generators, and combustion engines in the main propelling machinery space that use boil-off gas as fuel; or
( d ) Equipment for services, other than those under paragraph (c) of this section, that use boil-off gas as fuel and that are located: ( 1 ) In the main propelling machinery space; or
( 2 ) a space specially approved by the Commandant (CG-OES).
[CGD 74-289, 44 FR 26009, May 3, 1979, as amended by CGD 82-063b, 48 FR 4782, Feb. 3, 1983]
<PAGE>

                                                                    Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Careside, Inc. (the "Company") on
Form 10-Q for the period ending June 30,2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, W. Vickery Stoughton,
Chairman and Chief Executive Officer (Principal Executive Officer and Principal
Accounting Officer) of the Company, certify, pursuant to 18 U.S.C. (S) 1350, as
adopted pursuant to (S) 906 of the Sarbanes-Oxley Act of 2002, that:

          (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/ W. Vickery Stoughton
-------------------------
W. Vickery Stoughton
Chairman and Chief Executive Officer
(Principal Executive Officer and Principal Accounting Officer)

August 19, 2002
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.008-6 Retests. ( a ) Manufacturers of approved bulkhead panels shall maintain quality control of materials used, manufacturing methods, and the finished product utilizing appropriate quality control testing so as to meet the requirements of this specification, and any other conditions outlined on the certificate of approval. Bulkhead panels are not inspected at regularly scheduled factory inspections; however, approved bulkhead panels are subject to retest for continued compliance with the requirements of this subpart on the following basis: ( 1 ) The Coast Guard may detail a marine inspector or other Coast Guard designated inspector at any time to visit any place where bulkhead panels are manufactured to conduct any inspections or examinations deemed advisable and to select representative samples for further examination, inspection, or tests. The inspector shall be admitted to any place where work is done on bulkhead panels or component materials.
( 2 ) At a frequency of not less than once every 5 years following issuance of approval, samples of an approved bulkhead panel selected from production stock shall be forwarded by the inspector to the Commandant for testing in accordance with the requirements of this subpart. Where the plant is outside the jurisdiction of a Coast Guard District Commander, the frequency of such selection and testing shall be every 2 years. The cost of such testing shall be borne by the manufacturer. The nature of the product or its production may dictate a differing retest frequency.
( 3 ) The Coast Guard reserves the right to make spot-check tests of approved bulkhead panels at any time on samples selected by a marine inspector obtained during installation on a vessel. The manufacturer will incur no expense for such tests, but the results shall be binding upon the approval of his product.
( b ) A small scale furnace test (2′ × 2′ furnace test) shall be conducted. The time of failure shall not vary from the original (2′ × 2′ furnace) test values by more than 10 percent. In addition, tests shall be conducted to determine incombustibility (§ 164.009), density and thickness. Values on retesting for density and thickness shall not vary from the original test values by more than 10 percent.
§ 138.225 Existing safety management systems (SMSs). ( a ) A safety management system (SMS) which is fully compliant with the International Safety Management (ISM) Code requirements, implemented in 33 CFR part 96, will be deemed in compliance with TSMS-related requirements in this subchapter.
( b ) Other existing SMSs may be considered for acceptance as meeting the TSMS requirements of this part. The Coast Guard may: ( 1 ) Accept such system in full;
( 2 ) Require modifications to the system as a condition of acceptance; or
( 3 ) Reject the system.
( c ) An owner or managing operator who seeks to meet TSMS requirements using provisions in paragraph (a) or (b) of this section must submit documentation to the Coast Guard based on the initial audit and one full audit cycle of at least 3 years.
( d ) The Coast Guard may elect to inspect equipment and records, including: ( 1 ) Contents of the SMS;
( 2 ) Objective evidence of internal and external audits;
( 3 ) Objective evidence that non-conformities were identified and corrected; and
( 4 ) Objective evidence of vessel compliance with applicable regulations.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.151-59 Operating instructions and information for the ship's training manual. ( a ) The liferaft manufacturer shall make operating instructions and information for the ship's training manual available in English to purchasers of inflatable liferafts approved by the Coast Guard, to enable vessel operators to meet SOLAS Chapter III, Regulation 35 (III/35).
( b ) The instructions and information required by paragraph (a) of this section may be combined with similar material for hydrostatic releases or launching equipment, and must explain— ( 1 ) Release of the inflatable liferaft from its stowage position;
( 2 ) Launching of the liferaft;
( 3 ) Survival procedures, including instructions for use of survival equipment aboard; and
( 4 ) Shipboard installations of the liferaft.
( c ) The operating instructions required by paragraphs (a) and (b) of this section must also be made available in the form of an instruction placard. The placard must be not greater than 36 cm (14 in.) by 51 cm (20 in.), made of durable material and suitable for display near installations of liferafts on vessels, providing simple procedures and illustrations for launching, inflating, and boarding the liferaft.
[CGD 85-205, 62 FR 25547, May 9, 1997, as amended by USCG-2010-0048, 76 FR 62999, Oct. 11, 2011]
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MAURICE JONES,

Petitioner,

v.

KENNETH ROMANOWSKI,

Respondent.

/

Case Number: 2:14-CV-14435

HONORABLE ARTHUR J. TARNOW

OPINION AND ORDER TRANSFERRING CASE TO THE

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Petitioner Maurice Jones, a Michigan state prisoner, has filed a pro se petition for a

writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the

Court determines that this is a successive habeas corpus petition and, therefore, orders it

transferred to the United States Court of Appeals for the Sixth Circuit, pursuant to 28

U.S.C. § 16311

 and 28 U.S.C. § 2244(b)(3)(A). 

Jones challenges his 1980 first-degree felony murder conviction, rendered in

Recorder’s Court for the City of Detroit. In 2010, Johnson filed a habeas corpus petition

in this Court challenging the same conviction challenged in this petition. The petition

1 28 U.S.C. § 1631 provides, in relevant part:

Whenever a civil action is filed in a court . . . and that court finds

that there is a want of jurisdiction, the court shall, if it is in the

interest of justice, transfer such action or appeal to any other such

court in which the action or appeal could have been brought at the

time it was filed or noticed . . .

2:14-cv-14435-AJT-RSW Doc # 5 Filed 12/09/14 Pg 1 of 2 Pg ID 76
was denied because it was not timely filed. See 1/13/11 Order Adopting Magistrate

Judge’s Report and Recommendation, Granting Respondent’s Motion for Summary

Judgment, and Dismissing Petitioner’s Habeas Action, Jones v. McQuiggin, No. 10-cv10043, dkt. # 15 (Rosen, C.J.).

Before a prisoner may file a habeas petition challenging a conviction already

challenged in a prior habeas petition, the prisoner must “move in the appropriate court of

appeals for an order authorizing the district court to consider the application.” 28 U.S.C.

§ 2244(b)(3)(A). When a habeas corpus petition is dismissed based on a procedural bar,

such a dismissal is a dismissal “on the merits.” In re Cook, 215 F. 3d 606, 607 (6th Cir.

2000). Therefore, Petitioner’s prior habeas petition, which was dismissed as untimely,

was a dismissal on the merits. Petitioner has not obtained from the Court of Appeals for

the Sixth Circuit authorization to file a successive petition in this court. The Sixth Circuit

has held that when a second or successive petition for habeas corpus relief is filed in the

district court without prior authorization, the district court must transfer the petition to the

Court of Appeals pursuant to 28 U.S.C. § 1631. In re Sims, 111 F.3d 45, 47 (6th Cir.

1997).

Accordingly, the Court ORDERS the Clerk of Court to transfer this case to the

United States Court of Appeals.

s/Arthur J. Tarnow 

ARTHUR J. TARNOW

UNITED STATES DISTRICT JUDGE

Dated: December 9, 2014 

2

2:14-cv-14435-AJT-RSW Doc # 5 Filed 12/09/14 Pg 2 of 2 Pg ID 77
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18250-18251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1821]


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

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Sunshine Act; Notice of Meeting

Time and Date:  9 a.m. (Eastern Time) April 16, 2007.

Place:  4th Floor Conference Room, 1250 H Street, NW., Washington, DC 
20005.

Status: Parts will be open to the public and parts closed to the public

Matters to be Considered: 

Parts Open to the Public

    1. Approval of the minutes of the March 19, 2007 Board member 
meeting
    2. Thrift Savings Plan activity report by the Executive Director
    a. Monthly Participant Activity Report
    b. Legislative Report
    3. Quarterly Reports
    a. Investment Policy Review
    b. Vendor Financial Reports
    4. Financial Audit Report

Parts Closed to the Public

    5. Personnel

Contact Person for More Information:  Thomas J. Trabucco, Director, 
Office of External Affairs, (202) 942-1640.


[[Page 18251]]


    Dated: April 9, 2007.
Thomas K. Emswiler,
Secretary to the Board, Federal Retirement Thrift Investment Board.
[FR Doc. 07-1821 Filed 4-9-07; 12:18 pm]
BILLING CODE 6760-01-P
Editorial Note on Part 162
Editorial Note: Nomenclature changes to part 162 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 162.161-1 Scope. ( a ) This subpart applies to each engineered fixed fire extinguishing system using a halocarbon or an inert gas as an agent. It does not apply to pre-engineered systems.
( b ) Each system must be designed for protection against fires in both Class B flammable liquids and Class C energized electrical equipment, as those hazard classes are defined in NFPA 2001 (incorporated by reference, see § 162.161-2).
( c ) Each system must meet the requirements of this subpart, be listed or approved by an independent laboratory approved by the Coast Guard and listed at *http://cgmix.uscg.mil/ ,* bear the mark of the laboratory, and be approved by the Coast Guard under 46 CFR 159.005-13.
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.111-4 Approval procedures. ( a ) Manufacturers that desire type approval should submit a written notice to the Commandant (CG-ENG-4) describing the product and its intended uses. The Commandant will evaluate this information and notify the manufacturer of the product's suitability for testing. The manufacturer should then contract directly with an accepted independent laboratory to perform the required tests and inspections.
( b ) Upon completion of the required testing and inspections, the manufacturer must submit either a written request for type approval to the Commandant (CG-ENG-4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, or electronically submit a request to *typeapproval@uscg.mil*. The request must indicate the name and address of the manufacturer, all product designations, and the address of all manufacturing facilities. The request must include a copy of the final fire test report and the production inspection procedures. From the information submitted, the Commandant determines whether or not the product is acceptable for type approval. If the product is determined to be acceptable, a type approval certificate valid for a 5-year period will be issued. If the product is not accepted, the manufacturer will be notified of the reasons why.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

CHRISTOPHER VAN HOLLEN, Jr., )

)

Plaintiff, )

)

v. ) Civil Action No. 11-0766 (ABJ)

)

FEDERAL ELECTION COMMISSION, )

)

Defendant. )

____________________________________)

ORDER

For the reasons stated in the accompanying memorandum opinion, it is ORDERED that 

plaintiff’s motion for summary judgment [Dkt. # 20] is granted and defendant’s cross motion for 

summary judgment [Dkt. # 25] is denied. It is further ORDERED that intervenor-defendant 

Center for Individual Freedom’s cross motion for summary judgment [Dkt. # 36] is denied. It is 

further ORDERED that 11 C.F.R. § 104.20(c)(9) is vacated.

 

AMY BERMAN JACKSON

United States District Judge

DATE: November 25, 2014

Case 1:11-cv-00766-ABJ Document 99 Filed 11/25/14 Page 1 of 1
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.060-9 Recognized laboratory. ( a ) A manufacturer seeking Coast Guard approval of a product under this subpart shall follow the approval procedures of subpart 159.005 of this chapter, and shall apply for approval directly to a recognized independent laboratory. The following laboratories are recognized under § 159.010-7 of this part, to perform testing and approval functions under this subpart: Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709-3995, (919) 549-1400.
( b ) Production oversight must be performed by the same laboratory that performs the approval tests unless, as determined by the Commandant, the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing.
[CGD 93-055, 61 FR 13930, Mar. 28, 1996]
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.141-2 Incorporation by reference. ( a ) Certain material is incorporated by reference into this subpart 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 U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, 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) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org .* ( 1 ) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.141-3(c).
( 2 ) Resolution A.653(16), Recommendation on Improved Fire Test Procedures for Surface Flammability of Bulkhead, Ceiling and Deck Finish Materials, adopted on 19 October 1989 (“IMO Resolution A.653(16)”), IBR approved for § 164.141-3(a).
( 3 ) Resolution A.753(18), Guidelines for the Application of Plastic Pipe on Ships, adopted on 4 November 1993 (“IMO ResolutionA.753(18)”), IBR approved for § 164.141-3(a) and (b).
( 4 ) Resolution MSC.313(88), Amendments to the Guidelines for the Application of Plastic Pipes on Ships, (“IMO Resolution MSC.313(88)”), adopted 26 November 2010, IBR approved for § 164.141-3(a) and (b).