alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Presidential Documents

18561 

Federal Register 

Vol. 72, No. 71 

Friday, April 13, 2007 

Title 3— 

The President 

Memorandum of April 10, 2007 

Assignment of Functions Relating to the Information Sharing 

Environment 

Memorandum for the Director of National Intelligence 

By the authority vested in me as President by the Constitution and laws 

of the United States of America, including section 301 of title 3, United 

States Code, the functions of the President under section 1016(b) of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108– 

458) (the ‘‘Act’’) are hereby assigned to the Director of National Intelligence 

(Director). 

The Director shall perform such functions in a manner consistent with 

direction and guidance issued by the President, including (1) the Memorandum for the Heads of Executive Departments and Agencies of June 2, 

2005, entitled ‘‘Strengthening Information Sharing, Access, and Integration— 

Organizational, Management, and Policy Development Structures for Creating 

the Terrorism Information Sharing Environment,’’ and (2) the Memorandum 

for the Heads of Executive Departments and Agencies of December 16, 

2005, entitled ‘‘Guidelines and Requirements in Support of the Information 

Sharing Environment;’’ provided that the Director shall ensure that the official 

within the Office of the Director of National Intelligence previously designated as the program manager responsible for information sharing across 

the Federal Government pursuant to the Act shall be the assistant to the 

Director in carrying out the functions delegated by this memorandum. 

You are authorized and directed to publish this memorandum in the Federal 

Register. 

[FR Doc. 07–1875 

Filed 4–12–07; 8:45 am] 

Billing code 3910–A7–M 


cprice-sewell on PROD1PC71 with NOTICES3GWBOLD.EPS</GPH>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MATTHEW FOREST TILLMAN,

Plaintiff, Civil Action No. 15-cv-10091

vs. HON. BERNARD A. FRIEDMAN

MEIJER, et al., 

Defendants.

______________________________/

ORDER DENYING PLAINTIFF’S “PRO SE MOTION CORRECTING DEFICIENCY 

AND MOTION TO REINSTATE COMPLAINT”

This matter is presently before the Court on plaintiff’s “Pro Se Motion Correcting

Deficiency and Motion to Reinstate Complaint” [docket entry 5]. Although plaintiff does not

properly title his motion, the Court construes it to be seeking a motion for reconsideration under

Local Rule 7.1(h)(3), which states:

Generally, and without restricting the court's discretion, the court will

not grant motions for rehearing or reconsideration that merely present

the same issues ruled upon by the court, either expressly or by

reasonable implication. The movant must not only demonstrate a

palpable defect by which the court and the parties and other persons

entitled to be heard on the motion have been misled but also show

that correcting the defect will result in a different disposition of the

case.

A motion for reconsideration must be filed within 14 days after entry of the judgment or order. In

the present case, the order from which plaintiff seeks reconsideration was filed on January 21, 2015,

so the deadline for filing a motion for reconsideration was February 4, 2015. Plaintiff’s motion is

untimely, as it was filed on February 6, 2015. 

Even if plaintiff’s motion had been timely filed, the motion itself does not identify

a palpable defect by which the Court has been misled. Plaintiff fails to show that the Court erred

2:15-cv-10091-BAF-EAS Doc # 6 Filed 02/20/15 Pg 1 of 2 Pg ID 33
in finding that the complaint, as filed, failed to state a plausible claim for relief under 42 U.S.C. §

1983. 

Plaintiff has provided information in his motion that, when added to his complaint,

potentially states a plausible § 1983 claim. To that extent, plaintiff is seeking to use his motion for

reconsideration as a vehicle for amending his complaint. However, this Court does not have

authority to allow such an amendment. If a complaint falls within the requirements of 28 U.S.C. 

§ 1915(e)(2) when it is filed, a district court must sua sponte dismiss the complaint. See

McGore v. Wrigglesworth, 114 F.3d 601, 612 (6th Cir.1997). Furthermore, under the Prison

Litigation Reform Act, a district court has no discretion to permit plaintiff to amend a

complaint to avoid a sua sponte dismissal. Id.; see also Cantley v. Armstrong, 391 F. App'x 505,

507 (6th Cir.2010). Accordingly,

IT IS ORDERED that plaintiff’s “Pro Se Motion Correcting Deficiency and

Motion to Reinstate Complaint” is denied.

s/Bernard A. Friedman 

Dated: February 20, 2015 BERNARD A. FRIEDMAN

Detroit, Michigan SENIOR UNITED STATES DISTRICT JUDGE

2

2:15-cv-10091-BAF-EAS Doc # 6 Filed 02/20/15 Pg 2 of 2 Pg ID 34
**EXHIBIT 32.1**

 

**CERTIFICATION**

 

I, Bobby Yazdani, Chief Executive Officer and Chairman of the Board of Saba Software, Inc. (the “Company”) hereby certify, as of the date hereof, solely forpurposes of Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge: 

 

(1) the Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended November 30, 2004 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and 

 

(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company atthe dates and for the periods indicated. 

 

A signed original of this writtenstatement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided tothe Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 

This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission. 

 

Date: January 14, 2004
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 TorreyPines Therapeutics, Inc. (the Company) on Form 10-Q for
the period ended September 30, 2008 as filed with the Securities and Exchange Commission (the Report), I, Evelyn Graham, Acting Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant
to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | 1. | the Report fully complies with the requirements of section 13(a) 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/ Evelyn GrahamEvelyn Graham Acting
Chief Executive Officer (Principal Executive Officer)


November 12, 2008

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language
contained in such filing.
**Exhibit    23.1** **CONSENT    OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We consent to the incorporation by reference in Registration    Statement Nos.    333-132795    and    333-143274    on    Form S-8    and Registration Statement    No. 333-138652    on    Form S-3    of our reports dated April 29, 2008, relating to the    consolidated financial statements and financial statement    schedules of Loral Space & Communications Inc. and    subsidiaries (the “Company”) (which report expresses    an unqualified opinion and contains explanatory paragraphs    (1) which indicate that the Company adopted fresh-start    reporting, as of October 1, 2005, and (2) relating to    the Company’s adoption of new accounting standards) and the    effectiveness of the Company’s internal control over    financial reporting, (which report expresses an adverse opinion    on the effectiveness of the Company’s internal control over    financial reporting because of a material weakness) appearing in    this Annual Report on    Form 10-K    of Loral Space & Communications Inc. for the year    ended December 31, 2007. **/s/  DELOITTE &    TOUCHE LLP******     New York, NY    April 29, 2008
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 First Capital, Inc. and Subsidiaries (the
Company) on Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission (the Report), I, William W. Harrod, President and Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 as of and for the period covered by the Report.



|                      |  |  |  |     |  |                                      
|--------------------- |  |  |  | --- |  | -------------------------------------
|DATE: August 14, 2009 |  |  |  | BY: |  | /s/ William W. Harrod                
|                      |  |  |  |     |  | William W. Harrod                    
|                      |  |  |  |     |  | President and Chief Executive Officer
|                      |  |  |  |     |  | (Principal Executive Officer)
**Exhibit 99.2**

 

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connectionwith the Quarterly Report of Park Place Entertainment Corporation (the“Company”) on Form 10-Q for the quarter ended March 31, 2003, as filed with theSecurities and Exchange Commission (the “Report”), I, Harry C. Hagerty, III,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, asadopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that to thebest of my knowledge and belief:

 

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

 

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Dated the  15th day of May 2003                        |
|--------------------------------------------------------|
|                                                   |
| /s/ HARRY C. HAGERTY, III                              |   |
| Harry C. Hagerty, III                                  |
| Executive Vice President and Chief  Financial Officer, |
| Park Place Entertainment Corporation                   |

 

----

*      The signed original of this written statementhas been retained by Park Place Entertainment Corporation and will be furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
#### Arthur Schnaubert v. The State.

*No. 3292.*

*Decided November 20.*

Theft—Evidence.—See the opinion for the substance of evidence *held*insufficient to support a conviction for cattle theft.

Appeal from the District Court of Coleman. Tried below before Hon. J. W. Timmins.

This conviction was for the theft of one head of neat cattle, and the penalty assessed against the appellant was a term of two years in the penitentiary.

The opinion sufficiently states the substance of the evidence.

*Sims & Snodgrass,*for appellant.

*W. L. Davidson,*Assistant Attorney-General, for the State.

Willson, Judge.

This conviction is not warranted by the evidence. *223It was not proved that the defendant ever had possession of or claimed as his property the alleged stolen animal. The only evidence which tends in the slightest degree to connect him with the theft of said animal is that a brand upon the same had been altered so as to make it resemble a brand claimed by defendant. But there is no evidence that the defendant altered or was in anyway concerned in altering said brand. If the statement of facts before us contains all the evidence adduced on the trial, .and we must presume that it does, we can not conceive upon what basis the jury founded their conclusion of the defendant’s guilt, or what reason influenced the trial judge in refusing the defendant a new trial.

Other questions presented are not passed upon, as they are not likely to occur on another trial. The judgment is reversed and the cause is remanded.

*Reversed and remanded.*

White, P. J., absent.
1

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TRUSTEES OF THE OPERATING 

ENGINEERS LOCAL 324 

PENSION FUND, 

 Plaintiffs, Case No. 14-cv-14906 

v. Hon. Terrance G. Berg 

HAYES WASHED SAND & 

GRAVEL CO., INC., 

a Michigan corporation, 

 Defendant. 

__________________________________________________________________/ 

DAVID J. SELWOCKI P51375 

MATTHEW I. HENZI P57334 

Sullivan, Ward, Asher & Patton, P.C. 

Attorneys for Plaintiffs 

25800 Northwestern Hwy., Suite 1000 

Southfield, MI 48075-8412 

248-746-0700 

MARTIN J. LEAVITT (P16489) 

PAUL E. ROBINSON (P39327) 

Sullivan & Leavitt, P.C. 

Attorneys for Defendant 

P.O. Box 5490 

Northville, MI 48167 

248-349-3980 

_________________________________________________________________/ 

EX PARTE ORDER RESTRAINING THE TRANSFER, 

SELLING OR DISPOSING OF DEFENDANT’S PROPERTY 

 This matter having come before the Court upon Plaintiffs having filed an Ex 

Parte Motion requesting entry of an Order Restraining the Transfer, Selling or 

Disposing of Defendant’s Property, no notice being necessary for the entry of this 

Order and the Court being fully advised in the premises; 

4:14-cv-14906-TGB-EAS Doc # 26 Filed 09/01/15 Pg 1 of 2 Pg ID 135
 2

IT IS ORDERED that Defendant, and any third party who is served with a 

copy of this Order, in accordance with the provisions of 69(A) of the Fed.R.Civ.P., 

MCLA 600.6104(2) and (5), and MCLA 600.6116, be and is hereby enjoined from 

transferring, selling, encumbering, assigning or in any other way disposing of 

Defendant’s non-exempt property, real or personal, until such time as Plaintiffs’ 

Judgment is satisfied. 

 

 s/Terrence G. Berg 

 TERRENCE G. BERG 

 UNITED STATES DISTRICT JUDGE 

Dated: September 1, 2015 

 Flint, Michigan 

4:14-cv-14906-TGB-EAS Doc # 26 Filed 09/01/15 Pg 2 of 2 Pg ID 136
Editorial Note on Part 162
Editorial Note: Nomenclature changes to part 162 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 162.050-1 Scope. ( a ) This subpart contains— ( 1 ) Procedures for approval of 15 ppm separators, oil content meters, and bilge alarms.
( 2 ) Design specifications for this equipment;
( 3 ) Tests required for approval;
( 4 ) Procedures for obtaining designation as a facility authorized to conduct approval tests;
( 5 ) Marking requirements; and
( 6 ) Factory inspection procedures.
( b ) [Reserved]
[CGD 76-088a, 44 FR 53359, Sept. 13, 1979, as amended by USCG-2004-18939, 74 FR 3382, Jan. 16, 2009]
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION DERIVED FROM FINANCIAL
STATEMENTS INCLUDED IN ONEPOINT COMMUNICATIONS CORP.'S QUARTERLY REPORT ON FORM
10-Q FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           1,811
<SECURITIES>                                     1,762
<RECEIVABLES>                                    6,416
<ALLOWANCES>                                     1,254
<INVENTORY>                                        107
<CURRENT-ASSETS>                                12,749
<PP&E>                                          26,269
<DEPRECIATION>                                   3,624
<TOTAL-ASSETS>                                  62,396
<CURRENT-LIABILITIES>                           40,803
<BONDS>                                        116,460
<PREFERRED-MANDATORY>                           35,000
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      14,444
<TOTAL-LIABILITY-AND-EQUITY>                    62,396
<SALES>                                         33,378
<TOTAL-REVENUES>                                33,378
<CGS>                                           32,115
<TOTAL-COSTS>                                   32,115
<OTHER-EXPENSES>                                54,753
<LOSS-PROVISION>                                 1,254
<INTEREST-EXPENSE>                              10,988
<INCOME-PRETAX>                               (52,703)
<INCOME-TAX>                                         0
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<EPS-BASIC>                                    (51.85)
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</TABLE>
Order filed September 5, 2013. 

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00688-CV

____________

SUBURBAN FARMS, INC. and

PARK ON WESTVIEW APARTMENTS, LP, Appellants

V.

CHAMPION ENERGY SERVICES, LLC, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 1002750

O R D E R

The clerk’s record was filed August 19, 2013. Our review has determined 

that a relevant item has been omitted from the clerk’s record. See Tex. R. App. P.

34.5(c). The record reflects that appellants filed a request for findings of fact and 

conclusions of law on June 12, 2013, but the request is not included in the record. 
2

The Harris County Clerk is directed to file a supplemental clerk’s record on 

or before September 23, 2013, containing appellants’ request for findings of fact 

and conclusions of law filed June 12, 2013.

If the omitted item is not part of the case file, the district clerk is directed to 

file a supplemental clerk’s record containing a certified statement that the omitted 

item is not a part of the case file.

PER CURIAM
§ 137.210 Internal survey program. ( a ) The owner or managing operator of a towing vessel that has selected the TSMS option and who has chosen to demonstrate vessel compliance through an internal survey program must ensure that the TSMS applicable to the vessel includes: ( 1 ) Procedures for surveying and testing described in § 137.215;
( 2 ) Equipment, systems, and onboard procedures to be surveyed;
( 3 ) Identification of items that would need repair or replacement before the vessel could continue in service, such as deficiencies identified on Form CG-835, “Notice of Merchant Marine Inspection Requirements,” noted survey deficiencies, non-conformities, or other corrective action reports;
( 4 ) Procedures for documenting and reporting non-conformities and deficiencies;
( 5 ) Procedures for reporting and correcting major non-conformities;
( 6 ) The responsible person or persons in management who have the authority to: ( i ) Stop all vessel operations pending the correction of non-conformities and deficiencies;
( ii ) Oversee vessel compliance activities; and
( iii ) Track and verify that non-conformities and deficiencies were corrected;
( 7 ) Procedures for recordkeeping; and
( 8 ) Procedures for assigning personnel with requisite experience and expertise to carry out the elements of the survey.
( b ) The owner or managing operator is not required to survey the items as described in § 137.220 as one event, but may survey items on a schedule over time, provided that the interval between successive surveys of any item does not exceed 1 year, unless otherwise prescribed.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.052-3 Materials—standard vests. ( a ) *General.* All components used in the construction of buoyant vests must meet the applicable requirements of subpart 164.019 of this chapter. The requirements for materials specified in this section are minimum requirements, and consideration will be given to the use of alternate materials in lieu of those specified. Detailed technical data and samples of all proposed alternate materials shall be submitted for approval before those materials are incorporated in the finished product.
( b ) *Unicellular plastic foam.* The unicellular plastic foam shall be all new material complying with the requirements of specification Subpart 164.015 of this subchapter for Type A or B foam.
( c ) *Envelope.* The buoyant vest envelope, or cover, shall be made from 39′′, 2.85 cotton jeans cloth, with a thread count of approximately 96 × 64. The finished goods shall weigh not less than 4.2 ounces per square yard, shall have thread count of not less than 94 × 60, and shall have a breaking strength of not less than 85 pounds in the warp and 50 pounds in the filling. Other cotton fabrics having a weight and breaking strength not less than the above will be acceptable. There are no restrictions as to color, but the fastness of the color to laundering, water, crocking, and light shall be rated “good” when tested in accordance with Federal Test Method Standard No. 191, Methods 5610, 5630, 5650, and 5660.
( d ) *Tie tapes and body strap loops.* The tie tapes and body strap loops for both adult and child sizes must be 3 ⁄ 4-inch cotton webbing meeting the requirements of military specification MIL-T-43566 (Class I) for Type I webbing. (d-1) *Body straps.* The complete body strap assembly, including hardware, must have a minimum breaking strength of 150 pounds for an adult size and 115 pounds for a child size. The specifications for the webbing are as follows: ( 1 ) For an adult size vest, the webbing must be 1 inch;
( 2 ) For a child size vest, the webbing must be three-quarter inch and meet the requirements of military specification MIL-W-530 for Type IIa webbing.
( e ) [Reserved]
( f ) *Thread.* Each thread must meet the requirements of subpart 164.023 of this chapter. Only one kind of thread may be used in each seam.
[CGFR 65-37, 30 FR 11588, Sept. 10, 1965, as amended by CGD 72-90R, 37 FR 10837, May 31, 1972; CGD 72-163R, 38 FR 8120, Mar. 28, 1973; CGD 73-130R, 39 FR 20684, June 13, 1974; CGD 78-012, 43 FR 27154, June 22, 1978; CGD 82-063b, 48 FR 4782, Feb. 3, 1983; CGD 84-068, 58 FR 29493, May 20, 1993]