alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DAVID TODD BENNET, SR., No. 14-14628

Plaintiff

v. District Judge Paul D. Borman

Magistrate Judge R. Steven Whalen

ADAM KANDULSKI, M.D., ET AL.,

Defendants.

 /

ORDER DENYING MOTION FOR 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 [Dock. #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 (6 Cir. 1993), the Sixth th

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. Defendants’ motion for dismissal pursuant to Fed. R. Civ. P. 12(b) [Dock. #14] is

-1-

2:14-cv-14628-PDB-RSW Doc # 20 Filed 06/08/15 Pg 1 of 2 Pg ID 125
currently pending. At this stage of the proceedings, Plaintiff’s request for counsel is

premature.

Accordingly, Plaintiffs’ Motion to Appoint Counsel [Dock. #19] is DENIED

WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/ R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Dated: June 8, 2015

CERTIFICATE OF SERVICE

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

on June 8, 2015, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla 

Case Manager to the

Honorable R. Steven Whalen

-2-

2:14-cv-14628-PDB-RSW Doc # 20 Filed 06/08/15 Pg 2 of 2 Pg ID 126
<PAGE>

                                                                      EXHIBIT 32

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Nextera Enterprises, Inc.
(the "Company") hereby certifies, to such officer's knowledge, that:

         (i) the accompanying Quarterly Report on Form 10-Q of the Company for
the quarterly period ended September 30, 2003 (the "Report") fully complies with
the requirements of Section 13(a) or Section 15(d), as applicable, of the
Securities Act of 10934, as amended; and

         (ii) the information contained in the Report fairly represents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:  November 13, 2003

                                                   /s/ Daniel R. Fischel
                                                   -----------------------------
                                                   Daniel R. Fischel
                                                   Chief Executive Officer

The foregoing certification 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.

                                       32

<PAGE>

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Nextera Enterprises, Inc.
(the "Company") hereby certifies, to such officer's knowledge, that:

         (i) the accompanying Quarterly Report on Form 10-Q of the Company for
the quarterly period ended September 30, 2003 (the "Report") fully complies with
the requirements of Section 13(a) or Section 15(d), as applicable, of the
Securities Act of 10934, as amended; and

         (ii) the information contained in the Report fairly represents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:  November 13, 2003

                                                    /s/ Michael P. Muldowney
                                                    ----------------------------
                                                    Michael P. Muldowney
                                                    Chief Financial Officer

The foregoing certification 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.

                                       33
Exhibit 32.1

                            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 Artificial  Life, Inc.
(the "Company") on Form 10-QSB for the period June 30, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the "Report"),
I, Eberhard  Schoeneburg,  Chief Executive Officer and Principal  Financial
Officer of the  Company,  certify,  pursuant  to 18 U.S.C.  ss. 1350, as
adopted pursuant  to ss. 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 result of operations of
          the Company.


                            /s/ Eberhard Schoeneburg

                              Eberhard Schoeneburg
                           Chief Executive Officer and
                           Principal Financial Officer
August 15, 2005
Editorial Note on Part 148
Editorial Note: Nomenclature changes to part 148 appear by USCG-2012-0832, 77 FR 59783, Oct. 1, 2012.

§ 148.115 Report of incidents. ( a ) When a fire or other hazardous condition occurs on a vessel transporting a material covered by this part, the master must notify the nearest Captain of the Port as soon as possible and comply with any instructions given.
( b ) Any incident or casualty occurring while transporting a material covered by this part must also be reported as required under 49 CFR 171.15, if applicable. A copy of the written report required under 49 CFR 171.16 must also be sent to the Commandant (CG-ENG-5), Attn: Hazardous Materials Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, at the earliest practicable moment.
( c ) Any release to the environment of a hazardous substance in a quantity equal to or in excess of its reportable quantity (RQ) must be reported immediately to the National Response Center at 800-424-8802 (toll free) or 202-267-2675; or online at *www.nrc.uscg.mil ..*
[75 FR 64591, Oct. 19, 2010, as amended by USCG-2013-0671, 78 FR 60154, Sept. 30, 2013]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 96-4847

SEAN PATRICE CLARKSON,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

W. Earl Britt, District Judge.

(CR-95-49)

Submitted: April 17, 1997

Decided: June 16, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and

BUTZNER, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Charles C. Henderson, Trenton, North Carolina, for Appellant. Janice

McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant

United States Attorney, William A. Webb, Assistant United States

Attorney, Raleigh, North Carolina, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Sean Patrice Clarkson appeals from his sentence. Clarkson pled

guilty to one count of conspiracy to possess with the intent to distribute heroin, cocaine, and cocaine base in violation of 21 U.S.C. § 846

(1994), and was sentenced to 108 months imprisonment. Clarkson's

only contention in this appeal is that the sentencing court erred by

refusing to reduce his offense level by three levels based on acceptance of responsibility. See United States Sentencing Commission,

Guidelines Manual, § 3E1.1 (Nov. 1995).

It is undisputed that Clarkson submitted two positive urine screens

for cocaine while he was on pretrial release in violation of the conditions of his bond. Further, he denied any involvement with selling

drugs during any part of the conspiracy to the probation officer. We

find that the district court did not clearly err, see United States v.

Curtis, 934 F.2d 553, 557 (4th Cir. 1991), by finding that Clarkson

was not entitled to a reduction in his offense level for acceptance of

responsibility based on his continued drug use following his arrest

and prior to sentencing. See United States v. Kidd, 12 F.3d 30, 34 (4th

Cir. 1993) (continued use and illegal distribution of cocaine after

indictment and plea agreement); United States v. Underwood, 970

F.2d 1336, 1338-39 (4th Cir. 1992) (continued use of marijuana after

entering into plea agreement).

Accordingly, Clarkson's sentence is affirmed. We deny Clarkson's

motion requesting the appointment of another attorney. 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

 2
### Joe tEatou - :Mayor £ao/aife Snields - City Cferl{_**(J)aflie{rfuc~r-** 

### }lttomey qeorge o/ia - CityJudge April30, 2012 Mr. Dennis DeVany 

# City 

# of (}JooneviCU 203 !Nortft 

### 'Main Street moonevi{fe, 

### 'Mississippi 38829 a:fto11e 

### (662) 728-6810

Pax_(662) 728-0319

Chief, EAS & Domestic Analysis Division Office ofAviation Department ofTransportation 1200 NewJerseyAvenue, S.E. Washington, DC 20590 Re: Tupelo Regional Airpm1 (TUP) Docket DOT-OST-2009-0305 Dear Mr. DeVany, 

### (f)avitf <Bofen -fPro cfem '}{aroftff£aton -}lftferma11 9darft:McCoy -}lldenuall Wilda <Pound's -jlfd'erman Jeff1ttJi{{iams-}lfd'enuatt

I am writing in supp011 ofSilver Aitways' proposal to pl'Ovide commercial air service to the Tupelo Regional Airp011. Citizens from Booneville depend on the Tupelo Regional Airport for their air service. Itis very important to our local economy for air service to continue in and out ofTupelo. We believe Silver Airways' interline ticketing and baggage agreements with Delta Airlines make this option very attractive to om· citizens. In addition the 30 to 50 seat aircraft are much more desirable than the 8 seat aircraft offered by Air Choice One. We are excited about this chance to return to profitability. Thank you for considering our citizens in your deliberations.

orJoe Eaton ty ofBooneville
# C_2011347EN.01004502.xml

| 26.11.2011 | EN | Official Journal of the European Union | C 347/45 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 347/45

---

Action brought on 16 September 2011 — ZZ v Commission

(Case F-88/11)

2011/C 347/84

Language of the case: English

Parties

Parties

Applicant: ZZ (represented by: R. Rata, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

The annulment of the Selection Board's decision not to include the applicant on the reserve list for the open competition EPSO/AD/148/09-RO — Administrators-Law (AD 5).

Form of order sought

Form of order sought

The applicant claims that the Tribunal should:

| — | Annul the re-evaluation decision of the Selection Board of 9 November 2010 upholding its decision of 14 July 2010 not to include the applicant on the reserve list for the open competition EPSO/AD/148/09-RO; |
| --- | --- |

—

Annul the re-evaluation decision of the Selection Board of 9 November 2010 upholding its decision of 14 July 2010 not to include the applicant on the reserve list for the open competition EPSO/AD/148/09-RO;

| — | annul the decision of the European Commission of 16 June 2011 rejecting the applicant's administrative complaint of 7 February 2011; |
| --- | --- |

—

annul the decision of the European Commission of 16 June 2011 rejecting the applicant's administrative complaint of 7 February 2011;

| — | amend the reserve list for the open competition EPSO/AD/148/09-RO — Administrators-Law, so as to include the applicant's name or alternatively order the publication of a new reserve list including the applicant's name; |
| --- | --- |

—

amend the reserve list for the open competition EPSO/AD/148/09-RO — Administrators-Law, so as to include the applicant's name or alternatively order the publication of a new reserve list including the applicant's name;

| — | order the compensation of the moral prejudice suffered by the applicant preliminarily evaluated ex aequo et bono at EUR 7000; |
| --- | --- |

—

order the compensation of the moral prejudice suffered by the applicant preliminarily evaluated ex aequo et bono at EUR 7000;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

---
10913 Dee Dee Ave Bakersfield, CA 93312 www.xoinnovations.com 

# Description of Approved Aircraft

**Aircraft make**  **Aircraft**

**model Aircraft** 

**type Aircraft proposed UAS operation**  **Aircraft Maximum weight (including**  **payload).**

DJI Phantom 3 Rotorcraft . Real State . Telecommunications towers . Power lines . Gas and Oil Wells . Agriculture Land Mapping . Confined Space 3.5 LBS

DJI Inspire 1 Rotorcraft . Telecommunications towers . Power lines . Gas and Oil Wells . Agriculture Land Mapping . Confined Space 6.5 LBS

DJI Matrice 100 Rotorcraft . Telecommunications towers . Power lines . Gas and Oil Wells . Agriculture Land Mapping . Confined Space 6.5 LBS

3DR Aero-M Fixed-wing . Gas and Oil Wells Land Mapping . Agriculture Land Mapping 8 LBS
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, 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 59784, Oct. 1, 2012.

§ 153.920 Cargo quantity limitations. ( a ) No person may load a cargo tank or operate a tankship that carries a cargo tank containing in excess of 1250 m3 (approx. 44,138 ft3) of cargo requiring a type I containment system.
( b ) No person may load a cargo tank or operate a tankship that carries a cargo tank containing in excess of 3000 m3 (approx. 105,932 ft3) of a cargo requiring a type II containment system.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, 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.

 October 28, 2014

d1020

Order 

Clerk

October 28, 2014

147291

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 147291

COA: 309303

Berrien CC: 2011-002807-FH

MELODY TYNETTE JONES,

Defendant-Appellant. 

_________________________________________/

By order of May 27, 2014, the application for leave to appeal the April 25, 2013 

judgment of the Court of Appeals was held in abeyance pending the decision in People v 

Cunningham (Docket No. 147437). On order of the Court, the case having been decided 

on June 18, 2014, 496 Mich 145 (2014), the application is again considered and, pursuant 

to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the 

Court of Appeals opinion regarding the Berrien Circuit Court’s assessment of court costs, 

and we REMAND this case to the Court of Appeals for reconsideration of that issue. On 

remand, the Court of Appeals shall hold this case in abeyance pending its decision in 

People v Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the 

Court of Appeals shall reconsider the defendant’s issue in light of People v Cunningham, 

496 Mich 145 (2014), and Konopka. In all other respects, leave to appeal is DENIED, 

because we are not persuaded that the remaining question presented should be reviewed 

by this Court.
Editorial Note on Part 151
Editorial Note: Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 151.15-6 Venting piping. ( a ) The back pressure in the relief valve discharge lines shall be taken into account when determining the flow capacity of the relief valve to be used. The back pressure in the discharge line shall be limited to 10 percent of the valve operating pressure or a compensating-type valve shall be used. Suitable provision shall be made for draining condensate which may accumulate in the vent piping.
( b ) [Reserved]
Editorial Note on Part 148
Editorial Note: Nomenclature changes to part 148 appear by USCG-2012-0832, 77 FR 59783, Oct. 1, 2012.

§ 148.85 Required equipment for confined spaces. When transporting a material that is listed in Table 148.10 of this part, each vessel, other than an unmanned barge, must have on board the following: ( a ) Equipment capable of measuring atmospheric oxygen. At least two members of the crew must be knowledgeable in the use of the equipment, which must be maintained in a condition ready for use and calibrated according to the manufacturer's instructions.
( b ) At least two self-contained, pressure-demand-type, air breathing apparatus approved by the Mine Safety and Health Administration (MSHA) or the National Institute for Occupational Safety and Health (NIOSH), each having at least a 30-minute air supply. Each foreign flag vessel must have on board at least two such apparatus that are approved by the flag state administration. The master must ensure that the breathing apparatus is used only by persons trained in its use.
EXHIBIT 23

                         Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-91583) pertaining to the Amended and Restated 1996 Stock Option Plan
of  SmartServ  Online,  Inc.  and  the  Registration  Statement  (Form  S-8  No.
333-47936)  pertaining to the 1999 Stock Option Plan of SmartServ  Online,  Inc.
and Non-Qualified Stock Option Agreements between SmartServ Online, Inc. and its
employees  of our report dated March 4, 2002,  with respect to the  consolidated
financial  statements of SmartServ  Online,  Inc. included in this Annual Report
(Form 10-KSB) for the year ended December 31, 2001 filed with the Securities and
Exchange Commission.



/s/ Ernst & Young LLP
Ernst & Young LLP

New York, New York
April 15, 2002
# C_2012039EN.01001001.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 39/10 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 39/10

---

Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 November 2011 — Tarragona Power S.L. v Gas Natural SDG, S.A., Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.

(Case C-580/11)

(2012/C 39/17)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Appellant: Tarragona Power S.L.

Other parties: Gas Natural SDG, S.A., Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.

Question referred

May Article 10 of Directive 2003/87/EC (1) of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC be interpreted as not preventing application of national legislative measures of the kind under review in these proceedings, the purpose and effect of which are to reduce remuneration for the activity of electricity production by an amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge during the relevant period?

---

(1)  OJ 2003 L 275, p. 32.

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2117 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2117

To amend title II of the Workforce Investment Act of 1998 to establish 
financial literacy education programs for newly naturalized citizens of 
                           the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2009

Ms. Eddie Bernice Johnson of Texas introduced the following bill; which 
          was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend title II of the Workforce Investment Act of 1998 to establish 
financial literacy education programs for newly naturalized citizens of 
                           the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Naturalized Citizens Assistance 
Act''.

SEC. 2. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.

    (a) Financial Literacy Education.--Section 203 of the Workforce 
Investment Act of 1998 (20 U.S.C. 9202) is amended--
            (1) by redesignating paragraphs (8) through (18) as 
        paragraphs (9) through (19), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Financial literacy education program for newly 
        naturalized citizens.--The term `financial literacy education 
        program for newly naturalized citizens' means a program of 
        instruction designed to help individuals, who have been 
        naturalized citizens of the United States for 12 months or 
        less, achieve financial literacy through basic instruction on 
        banking, retirement savings, acquiring and managing credit 
        (including credit cards), insurance, income taxes, long-term 
        financial planning, predatory lending, identity theft, and 
        other financial abuse schemes''.
    (b) Financial Literacy Education Programs.--Section 231(b) of such 
Act (20 U.S.C. 9241) is amended by adding at the end the following:
            ``(4) Financial literacy education programs for newly 
        naturalized citizens.''.
                                 <all>
```