alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6917
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BOBBY O. FOSTER, JR., Defendant - Appellant.Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-93-47) Submitted: October 23, 1997 Decided: November 17, 1997 Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Bobby O. Foster, Jr., Appellant Pro Se. Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying his motion to be transferred to another prison due to the lack of an adequate law library. We have reviewed the record and the districtcourt's opinion and find that this appeal is frivolous. Accordingly, we dismiss on the reasoning of the district court. United States v. Foster , No. CR-93-47 (W.D.N.C. June 19, 1997). 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.

DISMISSED
###### 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.

#### § 154.1842 Cargo system: Controls and alarms.

The master shall ensure that the cargo emergency shut-down system and the alarms under § 154.1325 are tested and working before cargo is transferred.
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, Case No. 14-cr-20642 

Hon. Matthew F. Leitman 

v. 

MARKITTA WASHINGTON, 

 Defendants. 

_____________________________________/ 

ORDER GRANTING DEFENDANT’S MOTION TO STAY 

RESTITUTION UNTIL RELEASE FROM INCARCERATION (ECF #43) 

 On December 16, 2015, this Court sentenced Defendant Markitta 

Washington (“Washington”) to a term of imprisonment of 47 months after she 

pleaded guilty to the charges of aggravated identity theft and theft of public 

money. (See ECF #40 at 1-2, Pg. ID 216-17.) It also ordered Washington to pay 

restitution in the amount of $489,883.00. (See id. at 5, Pg. ID 220.) 

 On September 12, 2016, Washington filed a motion asking the Court to stay 

the payment of her restitution during her incarceration (the “Motion to Stay”). (See 

ECF #43.) The Government has not opposed the Motion to Stay. (See Dkt.) 

Accordingly, for the reasons stated in the Motion to Stay, the Court GRANTS the 

2:14-cr-20642-MFL-RSW Doc # 44 Filed 12/08/16 Pg 1 of 2 Pg ID 236
2

Motion and stays payment of Washington’s restitution until her release from 

custody. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: December 8, 2016 

 I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on December 8, 2016, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

2:14-cr-20642-MFL-RSW Doc # 44 Filed 12/08/16 Pg 2 of 2 Pg ID 237
# C_2013147EN.01003201.xml

| 25.5.2013 | EN | Official Journal of the European Union | C 147/32 |
| --- | --- | --- | --- |

25.5.2013

EN

Official Journal of the European Union

C 147/32

---

Judgment of the Civil Service Tribunal (Third Chamber) of 30 January 2013

Wahlström v Frontex

(Case F-87/11) (1)

1

(Civil service - Member of the temporary staff - Non-renewal of a fixed-term contract - Article 8 of the Conditions of Employment - Procedure - Infringement of essential procedural requirements - Competence)

2013/C 147/57

Language of the case: English

Parties

Parties

Applicant: Kari Wahlström (Alimos, Greece), (represented by S. Pappas, lawyer)

Applicant:

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex),(represented by S. Vuorensola and H. Caniard, Agents, and D. Waelbroeck and A. Duron, lawyers)

Defendant:

Re:

Re:

The annulment of the decision not to renew the temporary agent contract of the applicant.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the decision of the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, of 10 December 2010, not to extend Mr Wahlström’s contract as a member of the temporary staff; |
| --- | --- |

1.

Annuls the decision of the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, of 10 December 2010, not to extend Mr Wahlström’s contract as a member of the temporary staff;

| 2. | Orders the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to bear its own costs and to pay the costs incurred by Mr Wahlström. |
| --- | --- |

2.

Orders the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to bear its own costs and to pay the costs incurred by Mr Wahlström.

---

(1)  OJ C 347, 26.11.2011, p. 45.

1

---
§ 13.609 Requirements to qualify for an STCW endorsement for basic oil and chemical tanker cargo operations. ( a ) Every applicant for an endorsement in basic oil and chemical tanker operations must: ( 1 ) Qualify for a national endorsement as tankerman-assistant dangerous liquid; and
( 2 ) Provide evidence of meeting the standards of competence identified in Table A-V/1-1-1 of the STCW Code (incorporated by reference, see § 13.103 of this part).
( b ) *Grandfathering.* Seafarers holding a valid tankerman-assistant dangerous liquid or tankerman-engineer endorsement issued prior to March 24, 2014 will be issued an STCW endorsement for basic oil and chemical tanker cargo operations without meeting the requirements of paragraph (a) of this section. After March 24, 2014, all seafarers applying for an original endorsement in basic oil and chemical tanker operations must meet the requirements of this section.
----

Exhibit 13.1 

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

In connection with the Amendment No. 1 to the annual report of Birch MountainResources Ltd. (the "Company") on Form 20-F for the year ended December 31,2007, as filed with the Securities and Exchange Commission on the date hereof(the "Report"), I, Douglas J. Rowe, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge: 

1. TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and 

2. The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company. 

Date: May 22, 2008

|   |   | */s/ Douglas J. Rowe*                                             |
|--------|--------|-------------------------------------------------------------------|
|   |   | **Name: Douglas J. Rowe**                                         |
|   |   | Title:    President and    Chief Executive Officer |
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.

§ 154.1870 Bow and stern loading. ( a ) When the bow or stern loading piping is not in use, the master shall lock closed the shut-off valves under § 154.355(a)(4) or remove the spool piece under § 154.355(a)(4).
( b ) The person in charge of cargo transfer shall ensure that after the bow or stern loading piping is used it is purged of cargo vapors with inert gas.
( c ) The person in charge of cargo transfer shall ensure that entrances, forced or natural ventilation intakes, exhausts, and other openings to any deck house alongside the bow or stern loading piping are closed when this piping is in use.
( d ) The person in charge of cargo transfer shall ensure that bow or stern loading piping installed in the area of the accommodation, service, or control space is not used for transfer of the following: ( 1 ) Acetaldehyde.
( 2 ) Ammonia, anhydrous.
( 3 ) Dimethylamine.
( 4 ) Ethylamine.
( 5 ) Ethyl Chloride.
( 6 ) Methyl Chloride.
( 7 ) Vinyl Chloride.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.017-15 Performance. ( a ) Each chain ladder must be capable of being rolled up for storage.
( b ) Each ladder when rolled up must be able to unroll freely and hang vertically.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-cr-20780 

 Hon. Matthew F. Leitman 

v. 

CURTIS SCOTT, 

 Defendant. 

__________________________________________________________________/ 

ORDER REQUIRING DEFENDANT’S APPEARANCE 

On May 10, 2019, the Court scheduled sentencing in this action for June 21, 

2019, at 9:30 a.m. Defendant Curtis Scott is ordered to personally appear at that 

conference. Through this order, the United States Marshals Service is authorized to 

use the minimum amount of force necessary to ensure Scott’s appearance in Court 

for the scheduled sentencing. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: June 17, 2019 

 
 I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on June 17, 2019, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9764
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PARRISH REDD,

Plaintiff, Case No. 14-14340

Hon. Marianne O. Battani

v.

 

TERRANCE VAILS, et al., 

Defendants.

____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING

PLAINTIFF’S “EMERGENCY MOTION” REQUEST FOR CLERK TO 

ENTER DEFAULT UNDER FED. R. CIV. P. 55(a) AGAINST DEFENDANT

Plaintiff filed a pro se complaint alleging copyright infringement in November

2014. The Court referred the case to United States Magistrate Judge R. Steven

Whalen for all pretrial proceedings. On May 1, 2015, Magistrate Judge Whalen issued

a Report and Recommendation (“R&R”) recommending that the Court deny Plaintiff’s

motion, which is his seventh motion for either entry of default or for a default judgment

as to Chris Hugan and Marty Peters. In addition, the Magistrate Judge recommended

that Plaintiff be barred from filing any further motions for entry of default or default

judgment without first obtaining leave of the Court to file. 

 In his Report and Recommendation, the Magistrate Judge informed the parties

that objections to the R&R needed to be filed “within fourteen (14) days of service” and

that a party’s failure to file objections would waive any further right of appeal. (Doc. No.

59 at 2). No objection has been filed. 

2:14-cv-14340-MOB-RSW Doc # 70 Filed 06/17/15 Pg 1 of 2 Pg ID 432
The Court agree with the analysis and recommendations contained in the R&R. 

Therefore, the Court ADOPTS the Magistrate Judge’s recommendations and DENIES

Plaintiff’s motion. 

In addition, IT IS HEREBY ORDERED that Plaintiff is BARRED from filing any

further motions for entry of default or default judgment without leave of the Court.

IT IS SO ORDERED.

Date: June 17, 2015 s/Marianne O. Battani 

MARIANNE O. BATTANI

United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their

respective email addresses or First Class U.S. mail to the non-ECF participants on June 17, 2015.

s/ Kay Doaks 

Case Manager

2

2:14-cv-14340-MOB-RSW Doc # 70 Filed 06/17/15 Pg 2 of 2 Pg ID 433
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.132-5 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 incorporation by reference (IBR) material is available for inspection at Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; or email *typeapproval@uscg.mil* or visit *https://www.dco.uscg.mil/CG-ENG-4/ .* For information on the availability of this material at NARA, email: *fr.inspection@nara.gov ,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html .* The material may be obtained from the sources in the following paragraphs of this section.
( b ) American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959. ( 1 ) ASTM A 36/A 36M-08, Standard Specification for Carbon Structural Steel, (approved May 15, 2008), IBR approved for § 160.132-7 (“ASTM A 36”).
( 2 ) ASTM A 216/A 216M-08, Standard Specification for Steel Castings, Carbon, Suitable for Fusion Welding, for High-Temperature Service, (approved November 1, 2008), IBR approved for § 160.132-7 (“ASTM A 216”).
( c ) International Maritime Organization (IMO) Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, + 44 (0)20 7735 7611, *http://www.imo.org/ .* ( 1 ) IMO Resolution A.760(18), Symbols Related to Life-Saving Appliances and Arrangements, (adopted November 4, 1993), IBR approved for § 160.132-19 (“IMO Res. A.760(18)”).
( 2 ) International Life-Saving Appliances, including LSA Code, 2010 Edition, (2010), pages 7-71 (“IMO LSA Code”), IBR approved for §§ 160.132-3 and 160.132-7.
( 3 ) Life-Saving Appliances, including LSA Code, 2010 Edition, (2010), Revised recommendation on testing of live-saving appliances, pages 79-254 (“IMO Revised recommendation on testing”), IBR approved for §§ 160.132-7, 160.132-13, and 160.132-15.
( 4 ) MSC/Circular 980, Standardized Life-Saving Appliance Evaluation and Test Report Forms, (February 13, 2001), IBR approved for § 160.132-13 (“IMO MSC Circ. 980”).
( 5 ) MSC.1/Circular 1205, Guidelines for Developing Operation and Maintenance Manuals for Lifeboat Systems, (May 26, 2006), IBR approved for § 160.132-21 (“IMO MSC.1 Circ. 1205”).
[USCG-2010-0048, 76 FR 62979, Oct. 11, 2011, as amended by USCG-2013-0671, 78 FR 60159, Sept. 30, 2013; USCG-2022-0323, 88 FR 10030, Feb. 16, 2023]
<TABLE> <S> <C>


<ARTICLE>                     9
<MULTIPLIER>                  1,000

<S>                               <C>
<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>                 JUN-30-2001
<PERIOD-START>                     JUL-1-2000
<PERIOD-END>                      SEP-30-2000
<CASH>                                   3115
<INT-BEARING-DEPOSITS>                   8965
<FED-FUNDS-SOLD>                            0
<TRADING-ASSETS>                            0
<INVESTMENTS-HELD-FOR-SALE>            116888
<INVESTMENTS-CARRYING>                      0
<INVESTMENTS-MARKET>                        0
<LOANS>                                437014
<ALLOWANCE>                              3976
<TOTAL-ASSETS>                         580712
<DEPOSITS>                             447922
<SHORT-TERM>                             3000
<LIABILITIES-OTHER>                      2941
<LONG-TERM>                             61381
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                   51
<OTHER-SE>                              62057
<TOTAL-LIABILITIES-AND-EQUITY>         580712
<INTEREST-LOAN>                          9058
<INTEREST-INVEST>                        1822
<INTEREST-OTHER>                            0
<INTEREST-TOTAL>                        10880
<INTEREST-DEPOSIT>                       4944
<INTEREST-EXPENSE>                       5807
<INTEREST-INCOME-NET>                    4963
<LOAN-LOSSES>                             110
<SECURITIES-GAINS>                         19
<EXPENSE-OTHER>                          3369
<INCOME-PRETAX>                          1938
<INCOME-PRE-EXTRAORDINARY>               1938
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                             1241
<EPS-BASIC>                               .25
<EPS-DILUTED>                             .25
<YIELD-ACTUAL>                           7.74
<LOANS-NON>                              1792
<LOANS-PAST>                              106
<LOANS-TROUBLED>                            0
<LOANS-PROBLEM>                          1898
<ALLOWANCE-OPEN>                         3905
<CHARGE-OFFS>                              39
<RECOVERIES>                                0
<ALLOWANCE-CLOSE>                        3976
<ALLOWANCE-DOMESTIC>                     3976
<ALLOWANCE-FOREIGN>                         0
<ALLOWANCE-UNALLOCATED>                   859



</TABLE>
Exhibit 18.1

March 29, 2011

Board of Directors

Saba Software, Inc.

2400 Bridge Parkway

Redwood Shores, CA 94065

Gentlemen:

Note 2 of Notes to the Consolidated Financial Statements of Saba Software, Inc. included in its Form 10-Q for the quarter ended February 28, 2011 describes a change in the method of accounting for
sales commissions related to non-cancellable annual or multi-year SaaS contracts, from recording an expense when incurred, to deferral and amortization of the sales commission in proportion to the revenue recognized over the non-cancellable term of
the contract. There are no authoritative criteria for determining a preferable sales commissions expense recognition method based on the particular circumstances; however, we conclude that such change in the method of accounting is to an
acceptable alternative method which, based on your business judgment to make this change and for the stated reasons, is preferable in your circumstances. We have not conducted an audit in accordance with the standards of the Public Company
Accounting Oversight Board of any financial statements of the Company as of any date or for any period subsequent to May 31, 2010, and therefore we do not express any opinion on any financial statements of Saba Software, Inc. subsequent to that
date.



Very truly yours,/s/ Ernst & Young LLP
<PAGE>



                                                                 EXHIBIT 32.2



                 CERTIFICATION OF QUARTERLY REPORT ON FORM 10-Q
                           OF PRIVATE BUSINESS, INC.
                      FOR THE QUARTER ENDED JUNE 30, 2004


The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
undersigned's best knowledge and belief, the Quarterly Report on Form 10-Q for
Private Business Inc. ("Issuer") for the period ending June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"):

         a).      fully complies with the requirements of section 13(a) or 15(d)
                  of the Securities Exchange Act of 1934; and

         b).      the information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

       The foregoing cerficication is being furnished solely to accompany the
Report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to
be incorporated by reference into any filing of the Company, whether made before
or after the date hereof, regardless of any general incorporation language in
such filing.

       This Certification is executed as of August 4, 2004.

       A signed original of this written statement required by Section 906 of
the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be
retained by the Company and furnished to the Securities Exchange Commission or
its staff upon request.



                                                   /s/ Gerard M. Hayden, Jr.
                                                   -----------------------------
                                                   Gerard M. Hayden, Jr.
                                                   Chief Financial Officer
# C_2012039EN.01001101.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 39/11 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 39/11

---

Reference for a preliminary ruling from the Conseil d’Etat (France) lodged on 5 December 2011 — Société Geodis Calberson GE v FranceAgriMer

(Case C-623/11)

(2012/C 39/21)

Language of the case: French

Referring court

Conseil d’Etat

Parties to the main proceedings

Appellant: Société Geodis Calberson GE

Respondent: FranceAgriMer

Question referred

The proceedings are stayed ... until the Court of Justice of the European Union shall have given its ruling on the question whether the provisions of Article 16 of Commission Regulation (EC) No 111/1999 (1) of 18 January 1999 are to be interpreted as conferring on the Court of Justice of the European Union jurisdiction to rule on disputes relating to the conditions under which the intervention agency designated for receiving the tenders submitted during a tendering procedure for the free supply of agricultural products to Russia makes the payment owed to the successful tenderer and releases the supply security lodged by that tenderer in favour of that agency, in particular, actions for compensation for damage suffered as a result of misconduct by the intervention agency while carrying out those transactions.

---

(1)  Commission Regulation (EC) No 111/1999 of 18 January 1999 laying down general rules for the application of Council Regulation (EC) No 2802/98 on a programme to supply agricultural products to the Russian Federation (OJ 1999 L 14, p. 3).

---
#### § 13.106 Requirement to hold an MMC.

An applicant for any endorsement in this part must also meet the requirements for the MMC on which the endorsement would appear. These requirements are set out in part 10 of this subchapter.

[USCG-2006-24371, 74 FR 11259, Mar. 16, 2009, as amended by USCG-2004-17914, 78 FR 77988, Dec. 24, 2013]