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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KENNETH MAXEY,

 

Petitioner, Civil No. 2:14-CV-12979

HONORABLE PAUL D. BORMAN

 UNITED STATES DISTRICT JUDGE

v. 

STEVEN RIVARD,

Respondent.

___________________________________/

SECOND ORDER COMPELLING PRODUCTION OF THE STATE COURT RECORD

Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On September 9, 2014, the Court signed an order of responsive pleading requiring

respondent to file an answer in accordance with Rule 5 of the habeas corpus rules by

March 13, 2015. Respondent filed an answer to the petition on February 27, 2015. 

Although respondent filed most of the Rule 5 materials, respondent failed to file the

preliminary examination transcript from May 20, 2009 and co-defendant Shron

Bennett’s guilty plea transcript from August 31, 2009. These materials are necessary

for resolving petitioner’s ineffective assistance of counsel claims.

The habeas corpus rules require respondents to attach the relevant portions of

the transcripts of the state court proceedings, if available, and the court may also order,

on its own motion, or upon the petitioner’s request, that further portions of the

transcripts be furnished. Griffin v. Rogers, 308 F.3d 647, 653 (6th Cir. 2002); Rules

Governing § 2254 Cases, Rule 5, 28 U.S.C. foll. § 2254. “When this information is

1

2:14-cv-12979-PDB-RSW Doc # 11 Filed 01/03/17 Pg 1 of 2 Pg ID 1069
required, it is the State’s responsibility to provide it.” Griffin, 308 F.3d at 654. An

appropriate response to a habeas petition is an answer which responds to each

allegation contained in the petition and which attaches copies of the relevant judgment

of conviction, any available and relevant transcripts, and any post-conviction pleadings

and decisions. Chavez v. Morgan, 932 F. Supp. 1152, 1153 (E.D. Wis. 1996). Habeas

Rule 5 speaks in mandatory terms as to what must be attached to the respondent’s

answer. Flamer v. Chaffinch, 774 F. Supp. 211, 219 (D. Del. 1991). The general rule is

that a district court must review the entire state court trial transcript in federal habeas

cases, and where substantial portions of that transcript were omitted before the district

court, the habeas case should be remanded to the district court for consideration in light

of the full record. See Adams v. Holland, 330 F.3d 298, 406 (6th Cir. 2003). It is

reversible error for a district court to fail to review the transcripts upon which a habeas

petitioner’s claims are dependent. See Shaw v. Parker, 27 F.Appx. 448, 450 (6th Cir.

2001).

Based upon the foregoing, the court orders respondent to produce the

preliminary examination transcript from May 20, 2009 and the August 31, 2009

transcript of co-defendant Shron Bennett’s guilty plea within twenty one (21) days of

the date of this order or show cause why they are unable to comply with the order.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Dated: January 3, 2017

2

2:14-cv-12979-PDB-RSW Doc # 11 Filed 01/03/17 Pg 2 of 2 Pg ID 1070
*Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 97-60007

____________________

PASADENA ENT CLINIC, P A 

Petitioner - Appellant 

v. 

COMMISSIONER OF INTERNAL REVENUE 

Respondent - Appellee 

_________________________________________________________________

Appeal from the Decision of the United States Tax Court

(23236-94)

_________________________________________________________________

February 4, 1998

Before KING, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5TH CIR. R. 47.6.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM UB&T FINANCIAL
SERVICES CORP. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       1,807,342
<INT-BEARING-DEPOSITS>                         740,853
<FED-FUNDS-SOLD>                             1,547,236
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  6,070,328
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     32,155,638
<ALLOWANCE>                                  (450,855)
<TOTAL-ASSETS>                              43,546,714
<DEPOSITS>                                  37,726,707
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            537,293
<LONG-TERM>                                    366,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,255,525
<OTHER-SE>                                   2,661,189
<TOTAL-LIABILITIES-AND-EQUITY>              43,546,714
<INTEREST-LOAN>                              1,519,118
<INTEREST-INVEST>                              196,827
<INTEREST-OTHER>                                78,302
<INTEREST-TOTAL>                             1,794,247
<INTEREST-DEPOSIT>                             667,790
<INTEREST-EXPENSE>                             682,962
<INTEREST-INCOME-NET>                        1,111,285
<LOAN-LOSSES>                                  188,933
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                876,280
<INCOME-PRETAX>                                283,262
<INCOME-PRE-EXTRAORDINARY>                     283,262
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   190,065
<EPS-BASIC>                                        .45
<EPS-DILUTED>                                      .45
<YIELD-ACTUAL>                                    5.58
<LOANS-NON>                                     87,000
<LOANS-PAST>                                   201,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               359,000
<CHARGE-OFFS>                                  109,000
<RECOVERIES>                                    12,000
<ALLOWANCE-CLOSE>                              451,000
<ALLOWANCE-DOMESTIC>                           451,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        451,000



</TABLE>
§ 185.206 Written report of marine casualty. ( a ) The owner, master, agent, or person in charge shall, within five days, file a written report of any marine casualty. This written report is in addition to the immediate notice required by 185.202. This written report must be delivered to a Coast Guard Sector Office, or Marine Inspection Office. It must be provided on Form CG-2692 (Report of Marine Accident, Injury, or Death), Supplemented as necessary by appended Forms CG-2692A (Barge Addendum) and CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).
( b ) If filed without delay after the occurrence of the marine casualty, the notice required by paragraph (a) of this section suffices as the notice required by § 185.202.
[CGD 85-080, 61 FR 1005, Jan. 10, 1996, as amended by USCG-2006-25556, 72 FR 36331, July 2, 2007]
§ 171.105 Double bottoms. ( a ) This section applies to each vessel that carries more than 12 passengers on an international voyage and all other vessels that are— ( 1 ) 100 gross tons or more; and
( 2 ) In ocean or Great Lakes service.
( b ) Each vessel over 165 feet (50 meters) and under 200 feet (61 meters) in LBP must have a double bottom that extends from the forward end of the machinery space to the fore peak bulkhead.
( c ) Each vessel over 200 feet (61 meters) and under 249 feet (76 meters) in LBP must have a double bottom that extends from the fore peak bulkhead to the forward end of the machinery space and a double bottom that extends from the aft peak bulkhead to the aft end of the machinery space.
( d ) Each vessel 249 feet (76 meters) in LBP and upward must have a double bottom that extends from the fore to the aft peak bulkhead.
( e ) Each double bottom required by this section must be at least the depth at the centerline given by the following equation: D = 18.0 + 0.05(L) inches D = 45.7 + 0.417(L) centimeters where— D = the depth at the centerline in inches (centimeters). L = LBP in feet (meters).
( f ) The line formed by the intersection of the margin plate and the bilge plating must be above the horizontal plane C, illustrated in Figure 171.105, at all points. The horizontal plane C is defined by point B, located, as shown in Figure 171.105, in the midships section.
( g ) A double bottom is not required in a tank that is integral with the hull of a vessel if— ( 1 ) The tank is used exclusively for the carriage of liquids; and
( 2 ) It is approved by the Commanding Officer, Marine Safety Center.
( h ) A double bottom is not required in any part of a vessel where the separation of main transverse watertight bulkheads is governed by a factor of subdivision less than or equal to 0.50 if— ( 1 ) The Commanding Officer, Marine Safety Center approves;
( 2 ) The vessel makes short international voyages; and
( 3 ) The vessel is permitted by § 75.10-10 of this chapter to carry a number of passengers in excess of the lifeboat capacity.
[CGD 79-023, 48 FR 51017, Nov. 4, 1983, as amended by CGD 88-070, 53 FR 34532, Sept. 7, 1988]
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.

§ 154.707 Cargo boil-off as fuel: Ventilation. ( a ) A ventilation hood or casing must be installed in areas occupied by flanges, valves, and piping at the fuel burner to cause air to sweep across them and be exhausted at the top of the hood or casing.
( b ) The hood or casing must be mechanically exhaust-ventilated and meet § 154.1205.
( c ) The ventilated hood or casing must have an airflow rate specially approved by the Commandant.
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

In connection with the Quarterly Report on Form 10-Q/A of UGC Europe, Inc. (the "Company") for the quarter ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Charles H.R. Bracken, Chief Financial Officer of the Company, certify, pursuant to U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

Date:
November 13, 2003

| |  |  | /s/CHARLES H.R. BRACKENCharles H.R. Bracken Chief Financial Officer
| |  |  | -------------------------------------------------------------------

---

QuickLinks
# C_2011186EN.01003303.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/33 |
| --- | --- | --- | --- |

25.6.2011

EN

Official Journal of the European Union

C 186/33

---

Action brought on 26 March 2011 — ZZ v CEDEFOP

(Case F-31/11)

2011/C 186/62

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: M.-A. Lucas, lawyer)

Applicant:

Defendant: European Centre for the Development of Vocational Training (CEDEFOP)

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for annulment of the decision of the Director of CEDEFOP to terminate the employment of the applicant and for reparation of material and non-material loss sustained.

Form of order sought

Form of order sought

| — | annul the decision of 14 April 2010 of the Director of CEDEFOP terminating the employment of the applicant; |
| --- | --- |

—

annul the decision of 14 April 2010 of the Director of CEDEFOP terminating the employment of the applicant;

| — | order CEDEFOP to pay him, by way of compensation for his material loss in the absence of reinstatement or until any such reinstatement, the difference between firstly, the remuneration and pension that he would have received if he had remained in service after the 15 November 2010 and, secondly, the possible remuneration or unemployment benefit and pension which he would receive after that date; |
| --- | --- |

—

order CEDEFOP to pay him, by way of compensation for his material loss in the absence of reinstatement or until any such reinstatement, the difference between firstly, the remuneration and pension that he would have received if he had remained in service after the 15 November 2010 and, secondly, the possible remuneration or unemployment benefit and pension which he would receive after that date;

| — | order CEDEFOP to pay the applicant compensation for his non-material loss, provisionally assessed at 35 000 Euros; |
| --- | --- |

—

order CEDEFOP to pay the applicant compensation for his non-material loss, provisionally assessed at 35 000 Euros;

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

—

order CEDEFOP to pay the costs.

---
<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-Q for the quarter ended March 31, 2008 (the "Form
10-Q") of Community Shores Bank Corporation (the "Issuer").

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

     (i)  the Form 10-Q fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934; and

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

Dated: May 15, 2008


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


                                      -32-
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 on Alcohol Abuse and Alcoholism Special Emphasis Panel Exploratory Developmental Alcohol Research Center Review.                    

*Date:*                         May 30, 2007.                    

*Time:*                         8 a.m. to 6 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                         Philippe Marmillot, PhD, Scientific Review Administrator, National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane,  Room 3045, Bethesda, MD 20892, 301-443-2861,                         *marmillotp@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, Alcohol Research Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National Research Service Awards for Research Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants, National Institutes of Health, HHS).

Dated: April 11, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-1889 Filed 4-17-07; 8:45 am]

BILLING CODE 4140-01-M
#### § 196.43-1 Application.

The provisions of this subpart apply to all vessels on an international voyage, and all other vessels of 150 gross tons or over in ocean, coastwise, or Great Lakes service.
# Women's History Month, 2007

Throughout our history, the vision and determination of women have strengthened and transformed America. As we celebrate Women's History Month, we recognize the vital contributions women have made to our country. 

The strong leadership of extraordinary women has altered our Nation's history. Sojourner Truth, Alice Stone Blackwell, and Julia Ward Howe opened doors for future generations of women by advancing the cause of women's voting rights and helping make America a more equitable place. In 1855, Dr. Mary E. Walker became one of the first female physicians in the country. Dr. Walker volunteered her medical services during the Civil War and became the only woman in United States history to receive the Medal of Honor. Vivian Malone Jones stood her ground in the face of a great injustice and helped integrate the University of Alabama, breaking down racial barriers to higher education and becoming the school's first African-American graduate. 

Our Nation is a land of great opportunity, and women are seizing that opportunity and shaping the future of America in all walks of life. A record number of women are serving in the halls of Congress, and the number of women-owned businesses continues to grow. The women of our Armed Forces are making a vital contribution to our Nation's security by serving the cause of freedom and peace around the world. And by giving care and guidance, America's mothers are helping to build the foundation for the success of our Nation's children and strengthening the character of our country. This month, we honor the spirit, leadership, and hard work of American women. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim March 2007 as Women's History Month. I call upon the people of the United States to observe this month with appropriate programs, ceremonies, and activities that honor the history, accomplishments, and contributions of American women. 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of February, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-first. 

[FR Doc. 07-1000

Billing code 3195-01-P
#### § 177.315 Vessels of not more than 19.8 meters (65 feet) in length carrying not more than 12 passengers.

The scantlings for a vessel of not more than 19.8 meters (65 feet) in length carrying not more than 12 passengers that do not meet the standards in § 177.300 or § 177.310 may be approved by the cognizant OCMI if the builder of the vessel establishes to the satisfaction of the OCMI that the design and construction of the vessel is adequate for the intended service.
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 the Interior

###### Bureau of Land Management 

          - [NM-952-06-1420-BJ] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice. 

# SUMMARY:

The plat of survey described below was officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, on January 12, 2007. 

# SUPPLEMENTARY INFORMATION:

*New Mexico Principal Meridian, New Mexico:*                     The plat representing the survey of Tracts within the Sebastian Martin Grant, accepted December 14, 2006, for Group 1057 New Mexico.                 

# FOR FURTHER INFORMATION CONTACT:

These plats will be available for inspection in the New Mexico State Office, Bureau of Land Management, and P.O. Box 27115, Santa Fe, New Mexico 87502-0115. Copies may be obtained from this office upon payment of $1.10 per sheet. 

Dated: January 12, 2007. 

Stephen W. Beyerlein, 

Acting Chief Cadastral Surveyor, New Mexico. 

[FR Doc. 07-203 Filed 1-18-07; 8:45 am] 

BILLING CODE 4310-FB-P