alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 136.105 Applicability. ( a ) This subchapter is applicable to all U.S.-flag towing vessels as defined in § 136.110 engaged in pushing, pulling, or hauling alongside, except— ( 1 ) A vessel less than 26 feet (7.92 meters) in length measured from end to end over the deck (excluding the sheer), unless that vessel is pushing, pulling, or hauling a barge that is carrying oil or hazardous material in bulk;
( 2 ) A vessel engaged in one or more of the following: ( i ) Assistance towing as defined in § 136.110;
( ii ) Towing recreational vessels for salvage; or
( iii ) Transporting or assisting the navigation of recreational vessels within and between marinas and marina facilities, within a limited geographic area, as determined by the local Captain of the Port (COTP);
( 3 ) A workboat operating exclusively within a worksite and performing intermittent towing within the worksite;
( 4 ) A seagoing towing vessel of 300 gross tons or more subject to the provisions of subchapter I of this chapter;
( 5 ) A vessel inspected under other subchapters of this chapter that may perform occasional towing;
( 6 ) A public vessel as defined in 46 U.S.C. 2101;
( 7 ) A vessel that has surrendered its COI and is laid up, dismantled, or otherwise out of service; and
( 8 ) A propulsion unit used for the purpose of propelling or controlling the direction of a barge where the unit is controlled from the barge, is not normally manned, and is not utilized as an independent vessel.
( b ) [Reserved]
<PAGE>
                                                                    EXHIBIT 32.2

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

     This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the
quarterly report on Form 10-QSB for the quarter ended June 30, 2005 (the "Form
10-QSB") of Community Shores Bank Corporation (the "Issuer").

     I, Tracey A. Welsh, Senior Vice President, Chief Financial Officer and
Treasurer of the Issuer, certify that:

     (i)  the Form 10-QSB fully complies with the requirements of Section 13(a)
          or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
          78m(a) or 78o(d)); and

     (ii) the information contained in the Form 10-QSB fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated: August 15, 2005


                                        /s/ Tracey A. Welsh
                                        ----------------------------------------
                                        Tracey A. Welsh
                                        Senior Vice President,
                                        Chief Financial Officer and Treasurer
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DANIEL SKIDMORE, 

 Plaintiff, 

 

 

v. Civil Case No. 14-13031 

Honorable Linda V. Parker 

 

ACCESS GROUP INC., ET AL., 

 Defendants. 

__________________________/ 

 

OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO STRIKE 

DEFENDANT ACCESS GROUP, INC.’S MOTION TO DISMISS

 On August 4, 2014, Plaintiff initiated this pro se lawsuit against Access Group, 

Inc. (“Access”) and several other defendants. In response to a motion to dismiss filed 

by Access on February 3, 2015, Plaintiff filed a First Amended Complaint on March 

11, 2015. On March 25, 2015, Access filed a motion to dismiss Plaintiff’s Amended 

Complaint or, in the alternative, for summary judgment. Plaintiff responded to 

Access’ motion by filing a motion to strike which is presently pending before the 

Court. (ECF No. 32.) 

 In his motion, Plaintiff contends that Access’ motion should be stricken 

because it fails to comply with Eastern District of Michigan Local Rule 7.1(d)(3)(A). 

Specifically, Plaintiff contends that Access’ brief is thirty pages, thereby exceeding 

the rule’s 25-page limit. Plaintiff also claims “that the length of [Access’] brief is 

4:14-cv-13031-LVP-RSW Doc # 33 Filed 04/28/15 Pg 1 of 2 Pg ID 318
2 

further compounded by the lack of clarity involved in the brief.” (ECF No. 32 at Pg 

ID 314.) As Plaintiff explains, he cannot figure out which standard-- Rule 12(b)(6), 

Rule 56, or both-- Access is applying to which arguments. 

 Local Rule 7.1 provides that, unless the Court permits otherwise, each motion 

must be accompanied by a single brief which may be separate from or contained 

within the motion. E.D. Mich. LR 7.1(d)(1)(A). Rule 7.1 further provides that “[t]he 

text of a brief . . . including footnotes and signatures, may not exceed 25 pages.” Id. 

7.1(d)(2) (emphasis added). The text of Access’ brief does not exceed twenty-five 

pages. It is twenty-three pages. (See ECF No. 30.) The pages containing the table of 

contents, table of authorities, questions presented, and controlling or most appropriate 

authority, although part of the brief, are not part of the text of the brief. 

 Accordingly, 

IT IS ORDERED, that Plaintiff’s Motion to Strike Defendant Access Group, 

Inc.’s Motion is DENIED. 

 s/ Linda V. Parker 

 LINDA V. PARKER 

 U.S. DISTRICT JUDGE 

Dated: April 28, 2015 

I hereby certify that a copy of the foregoing document was mailed to counsel of 

record and/or pro se parties on this date, April 28, 2015, by electronic and/or U.S. 

First Class mail. 

 s/ Richard Loury 

 Case Manager 

4:14-cv-13031-LVP-RSW Doc # 33 Filed 04/28/15 Pg 2 of 2 Pg ID 319
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

      ( print page 2337)    
The Department of Veterans Affairs (VA) gives notice under the Public Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee on CARES Business Plan Studies has scheduled a meeting for February 1, 2007, at the Lexington Veterans Affairs Medical Center, Leestown Division Auditorium Building 4,2250 Leestown Road, Lexington, Kentucky. The meeting will convene at 1 p.m. and conclude at 4 p.m. The meeting is open to the public.

The purpose of the committee is to provide advice to the Secretary of Veterans Affairs on proposed business plans at those VA facility sites identified in May 2004 as requiring further study by the Capital Asset Realignment for Enhanced Services (CARES) Decision document.

The objective of the meeting is to provide the Secretary with advice regarding the selection of a business planning option from the business planning options selected by the Secretary for further study. An analysis of the business planning options completed by the VA contractor are to be presented by the VA contractor prior to submission to the VA. The agenda will also accommodate public commentary on the options.

                    Interested persons may attend and present oral or written statements to the Committee. For additional information regarding the meeting, please contact Mr. Jay Halpern, Designated Federal officer, (00CARES), 810 Vermont Avenue, NW., Washington, DC 20024, or by phone at (202) 273-5994, or by e-mail at                     *jay.halpern@hq.med.va.gov*.                

Dated: January 9, 2007.

By Direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 07-184 Filed 1-17-07; 8:45 am]

BILLING CODE 8320-07-M
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.066-11 Approval procedures. ( a ) Red aerial pyrotechnic flare distress signals are approved under the procedures of subpart 159.005 of this chapter.
( b ) The manufacturer must produce a lot of at least 100 signals from which samples for approval testing must be drawn. Approval testing must be conducted in accordance with the operational tests in § 160.066-12 and the technical tests in § 160.066-13. In order for the signal to be approved, the samples must pass both the operational and the technical tests.
( c ) The approval tests must be performed by an independent laboratory accepted by the Commandant under Subpart 159.010 of this chapter.
[CGD 76-183a, 44 FR 73050, Dec. 17, 1979, as amended by CGD 93-055, 61 FR 13931, Mar. 28, 1996]
# CE2009295EN.01010601.xml

| 4.12.2009 | EN | Official Journal of the European Union | CE 295/106 |
| --- | --- | --- | --- |

4.12.2009

EN

Official Journal of the European Union

CE 295/106

---

Tuesday 2 September 2008Draft amending budget No 5/2008

P6_TA(2008)0379

European Parliament resolution of 2 September 2008 on Draft amending budget No 5/2008 of the European Union for the financial year 2008 (11571/2008 — C6-0294/2008 — 2008/2161(BUD))

2009/C 295 E/35

The European Parliament,

The European Parliament

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38 thereof,

1

having regard to the general budget of the European Union for the financial year 2008, as finally adopted on 13 December 2007 (2),

2

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

3

having regard to Preliminary Draft amending budget No 5/2008 of the European Union for the financial year 2008, which the Commission presented on 18 June 2008 (COM(2008)0381),

having regard to Draft amending budget No 5/2008, which the Council established on 22 July 2008 (11571/2008 — C6-0294/2008),

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

having regard to the report of the Committee on Budgets (A6-0328/2008),

| 1. | Approves Draft Amending Budget No 5/2008 unamended; |
| --- | --- |

1.

Approves Draft Amending Budget No 5/2008 unamended;

| 2. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 248, 16.9.2002, p. 1.

1

(2)  OJ L 71, 14.3.2008, p. 1.

2

(3)  OJ C 139, 14.6.2006, p. 1.

3

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel, “Stimulus Control in Mental Retardation”.                    

*Date:*                         April 27, 2007.                    

*Time:*                         9 a.m. to 2 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         The Watergate, 2650 Virginia Avenue, NW., Washington, DC 20037.                    

*Contact Person:*                         Marita R. Hopmann, PhD, Scientific Review Administrator, Division of Scientific Review, National Institute of Child Health, and Human Development, 6100 Building, Room 5B01, Bethesda, MD 20892, (301) 435-6911,                         *hopmannm@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: April 5, 2007.

Anna Snouffer,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-1850 Filed 4-13-07; 8:45 am]

BILLING CODE 4140-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                        <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          10,086
<SECURITIES>                                         0
<RECEIVABLES>                                   10,331
<ALLOWANCES>                                     (378)
<INVENTORY>                                      2,827
<CURRENT-ASSETS>                                23,325
<PP&E>                                         605,404
<DEPRECIATION>                               (278,525)
<TOTAL-ASSETS>                                 351,533
<CURRENT-LIABILITIES>                           23,579
<BONDS>                                        142,021
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         32
<COMMON>                                           158
<OTHER-SE>                                     175,786
<TOTAL-LIABILITY-AND-EQUITY>                   351,533
<SALES>                                         72,177
<TOTAL-REVENUES>                                74,710
<CGS>                                           54,094
<TOTAL-COSTS>                                   66,174
<OTHER-EXPENSES>                                   193
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,867
<INCOME-PRETAX>                                (4,524)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,524)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,524)
<EPS-PRIMARY>                                   (0.68)
<EPS-DILUTED>                                   (0.68)
        

</TABLE>
**EXHIBIT32.1**

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report of TorreyPines Therapeutics, Inc. (the “Company”) on Form10-Q for the period ended March 31, 2007 as filed with the Securities andExchange Commission (the “Report”), I, Neil M. Kurtz, M.D., President and ChiefExecutive 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 tomy knowledge:

1.      theReport fully complies with the requirements of section 13(a) of the SecuritiesExchange Act of 1934; and

 

2.      the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|        |   | /s/ Neil M.  Kurtz, M.D.               |
|--------|--------|----------------------------------------|
|   |   | Neil M. Kurtz,  M.D.                   |
|   |   | President and  Chief Executive Officer |
|   |   | (Principal  Executive Officer)         |

 

May 14, 2007

A signed originalof this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staffupon request.

“This certificationaccompanies the Form 10-Q to which it relates, is not deemed filed with theSecurities and Exchange Commission and is not to be incorporated by referenceinto 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 orafter the date of the Form 10-Q), irrespective of any general incorporationlanguage contained in such filing.”

----
#### Edward Hooper, *Respondent, v.*Samuel C. Cummings, *Appellant.*

— Order reversed, with ten dollars costs and disbursements. Opinion filed with clerk of Onondaga county.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOSE DE JESUS R. ALVAREZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-70152

Agency No. A075-702-485

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted November 13, 2012** 

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

Jose De Jesus R. Alvarez, a native and citizen of Mexico, petitions pro se for

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal

from an immigration judge’s decision denying his applications for asylum,

withholding of removal, and protection under the Convention Against Torture

FILED

NOV 16 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-70152

(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

discretion the denial of asylum as a discretionary matter, Kalubi v. Ashcroft, 364

F.3d 1134, 1137 (9th Cir. 2004), and review for substantial evidence the agency’s

factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We

deny the petition for review.

The BIA correctly determined that it did not have jurisdiction to review

Alvarez’s challenge to his bond proceedings. See 8 C.F.R. § 1003.19(d); Matter of

P-C-M-, 20 I. & N. Dec. 432 (BIA 1991). 

The agency did not abuse its discretion in denying Alvarez asylum as a

matter of discretion based on his criminal conviction for domestic violence. See

Kalubi, 364 F.3d at 1140-41.

Substantial evidence supports the agency’s findings that Alvarez does not

qualify for withholding where he failed to establish that his fear of harm in Mexico

is based on a protected ground, and he failed to establish it is more likely than not

he will face future persecution if returned to Mexico. See 8 C.F.R. § 208.16(b)(2);

Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir. 2005) (upholding the denial

of withholding of removal where the possibility of future persecution was

speculative). 
3 12-70152

Substantial evidence also supports the agency’s finding that Alvarez is not

eligible for CAT relief where Alvarez failed to show it is more likely than not he

will be tortured with the consent or acquiescence of the government if returned to

Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011).

To the extent that the respondent seeks to renew its motion for summary

disposition, the motion is denied as moot.

PETITION FOR REVIEW DENIED.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CINDY KAZMIERSKI,

Plaintiff,

CASE NO. 14-cv-14539

vs. HONORABLE GEORGE CARAM STEEH

LINCOLN NATIONAL LIFE

INSURANCE COMPANY,

Defendant.

 /

ORDER GRANTING JOINT MOTION

TO STAY LITIGATION (DOC. #6) AND 

ADMINISTRATIVELY CLOSING CASE

This is an action seeking judicial review of a benefits determination under Section

502(a)(1)(B) of the Employee Retirement Security Act of 1974. Now before the court is the

parties’ Joint Motion To Stay Litigation To Allow Plaintiff To Exhaust Administrative

Remedies. The motion is GRANTED.

Accordingly, it is ORDERED that proceedings in this case are STAYED.

It is further ORDERED that this case is CLOSED for administrative and statistical

purposes without prejudice. This closing does not constitute a decision on the merits.

It is further ORDERED that the case may be reopened upon the motion of any party

at the conclusion of the administrative proceedings.

IT IS SO ORDERED.

Dated: January 6, 2015

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

-1-

2:14-cv-14539-GCS-MKM Doc # 7 Filed 01/06/15 Pg 1 of 2 Pg ID 81
CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

January 6, 2015, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk

-2-

2:14-cv-14539-GCS-MKM Doc # 7 Filed 01/06/15 Pg 2 of 2 Pg ID 82
#### § 172.103 Damage stability.

Each tank barge must be shown by design calculations to meet the survival conditions in § 172.110 assuming the damage specified in § 172.104 to the hull type specified in Table 151.05 of part 151 of this chapter.