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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROBERT ANDERSON,

Plaintiff, Case Number 15-11727

v. Honorable David M. Lawson

Magistrate Judge R. Steven Whalen

KEVIN ALLEN JUTZY, M.D., RAUL

TUMNADA, P.A., and BADAWI 

ABELLATIF, M.D.,

Defendants.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, AND 

DISMISSING THE PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE

Presently before the Court is the report issued on July 25, 2017 by Magistrate Judge R.

Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the plaintiff’s

complaint without prejudice against defendant Kevin Allen Jutzy, M.D. for failure to serve him with

process. Defendant Jutzy is the only remaining defendant in this case. Although the magistrate

judge’s report explicitly stated that the parties to this action may object to and seek review of the

recommendation within fourteen days of service of the report, no objections have been filed thus far. 

The parties’ failure to file objections to the report and recommendation waives any further right to

appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). 

Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to

independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court

agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.

#58] is ADOPTED.
It is further ORDERED that the plaintiff’s complaint is DISMISSED WITHOUT

PREJUDICE.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: August 15, 2017

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on August 15, 2017.

s/Susan Pinkowski 

SUSAN PINKOWSKI

-2-
DARIUS BRENT HAINES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2335

_____________________________/

Opinion filed November 9, 2016.

An appeal from an order of the Circuit Court for Duval County.

Waddell A. Wallace, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., CONCUR.
UNITED STATES DISTRICT COURT

DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Case No.: 2:14-cv-14746-MOB-MJH

George W. Macosko, Jr. and Judge: Marianne O. Battani

Dawn J. Macosko (aka) Dawn J. Mocabee,

Plaintiff,

vs.

Midland Funding, LLC and

Midland Credit Management, Inc.

Defendant(s).

___________ ___________________ _/

RESPONSE TO ORDER TO SHOW CAUSE

NOW COME THE PLAINTIFFS, George W. Macosko, Jr. and Dawn J. Macosko, by 

and through their attorneys James C. Warr & Associates, PLC, and for their Response to the 

Order to Show Cause state as follows:

1. The Plaintiffs and Defendants have agreed to settle this matter.

2. Upon consummation of the terms of the agreement, the Plaintiffs will ask the Court to 

dismiss the case with prejudice.

3. The Plaintiffs anticipate that consummation of the aforementioned agreement to settle 

will take place in approximately 28 days.

Respectfully submitted,

/s/ James C. Warr 

JAMES C. WARR (P47001)

James C. Warr & Associates, PLC

Attorney for Debtor(s)

24500 Northwestern Hwy., Suite 205

Southfield, MI 48075

(248) 357-5860 

attywarr@sbcglobal.net

Dated: 1-28-2015

2:14-cv-14746-MOB-MJH Doc # 7 Filed 01/28/15 Pg 1 of 1 Pg ID 26
**EXHIBIT
      32**






**CERTIFICATION**




By
      signing below, each of the undersigned officers hereby certifies pursuant to
      18
      U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, that, to his or her knowledge, (i) this report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and (ii) the information contained in this report fairly presents, in all
      material respects, the financial condition and results of operations of Lincoln
      Bancorp.




Signed
      this 9 th day of
      November, 2006.




CHIEF
                FINANCIAL OFFICER:
            
            CHIEF
                EXECUTIVE OFFICER:By:
            /s/
                John M. Baer
            
            By:
            /s/
                Jerry R. EngleJohn
                M. Baer
            
            
            Jerry
                R. EngleSecretary
                and Treasurer
            
            
            President
                and Chief Executive Officer






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 Lincoln Bancorp and will be retained by
      Lincoln Bancorp and furnished to the Securities and Exchange Commission or
      its
      staff upon request.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JACK SMITH,

Plaintiff, No. 15-10090

v. District Judge Robert H. Cleland

Magistrate Judge R. Steven Whalen

MR. DOYLE, ET AL.,

Defendants.

 /

ORDER

On January 5, 2015, Plaintiff Jack Smith, a prison inmate in the custody of the

Michigan Department of Corrections (“MDOC”), filed a pro se civil complaint under 42

U.S.C. § 1983, naming a number of Defendants. Because Plaintiff is proceeding in forma

pauperis, the Court ordered service by the United States Marshal. However, to date,

Defendants T. Crawford and Mr. Doyle have not been served with summonses and

complaints.

As is the usual practice, the Marshal sent waivers of service to the Defendants. As

to Defendant Crawford, the documents were returned with the notations “Return to

Sender” and “Unable to Forward.” [Doc. #37]. As to Mr. Doyle, the Court directed the

MDOC to provide his last known address to the Marshal for purposes of service. The

MDOC replied that it was “unable to determine the identity of ‘Mr Doyle’, and therefore

cannot provide an address for service.” [Doc. #17]. 

“An inmate bringing a civil rights complaint must specifically identify each

defendant against whom relief is sought, and must give each defendant notice of the

action by serving upon him or her a summons and copy of the complaint.” Herbert v.

-1-

2:15-cv-10090-RHC-RSW Doc # 44 Filed 12/05/16 Pg 1 of 2 Pg ID 225
Roark, 2006 WL 1284695, *1 (E.D. Mich. 2006), citing Feliciano v. DuBois, 846 F.Supp.

1033, 1048 (D.Mass.1994). Notwithstanding that Marshal’s service is ordered, it is the

prisoner-plaintiff’s responsibility to properly identify a defendant in the complaint, and to

provide a proper address for service. Id., citing Williams v. McLemore, 10 Fed. Appx.

241, 243 (6th Cir.2001) and Byrd v. Stone, 94 F.3d 217, 219 (6th Cir.1996). See also Lee

v. Armontrout, 991 F.2d 487, 489 (8th Cir.1993)(prison inmate bears the responsibility for

providing defendants’ proper addresses or Marshal’s service).

Therefore, IT IS ORDERED that no later than 30 days from the date of this Order,

Plaintiff will provide this Court with the correct identity and address of the individual he

names as “Mr. Doyle” in his complaint, and the correct address for Defendant Crawford.

Plaintiff’s failure to provide this information will result in a recommendation to dismiss

these Defendants.

 s/R. Steven Whalen 

R. STEVEN WHALEN

United States Magistrate Judge

Dated: December 5, 2016

CERTIFICATE OF SERVICE

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

December 5, 2016, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla 

Case Manager 

-2-

2:15-cv-10090-RHC-RSW Doc # 44 Filed 12/05/16 Pg 2 of 2 Pg ID 226
Presidential Documents

19781 

Federal Register 

Vol. 72, No. 76 

Friday, April 20, 2007 

Title 3— 

The President 

Presidential Determination No. 2007–16 of April 11, 2007 

Presidential Determination on Waiver and Certification of 

Statutory Provisions Regarding the Palestine Liberation Organization Office 

Memorandum for the Secretary of State 

Pursuant to the authority and conditions contained in section 534(d) of 

the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, Public Law 109–102, as carried forward by the Revised 

Continuing Appropriations Resolution, 2007, Public Law 110–5, I hereby 

determine and certify that it is important to the national security interests 

of the United States to waive the provisions of section 1003 of the AntiTerrorism Act of 1987, Public Law 100–204. 

This waiver shall be effective for a period of 6 months from the date 

hereof. You are hereby authorized and directed to transmit this determination 

to the Congress and to publish it in the Federal Register. 

THE WHITE HOUSE, 

Washington, April 11, 2007. 

[FR Doc. 07–2004 

Filed 4–19–07; 8:45 am] 

Billing code 4710–10–P 


cprice-sewell on PRODPC61 with NOTICES3GWBOLD.EPS</GPH>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROMEL DAVIS-HUSSUNG,

Plaintiff, Civil Action No. 14-CV-14964

vs. HON. BERNARD A. FRIEDMAN

JEFFREY LEWIS, et al.,

Defendants.

________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

This matter is presently before the Court on defendant Groat’s motion for summary

judgment [docket entry 28]. Magistrate Judge Elizabeth A. Stafford has issued a Report and

Recommendation (“R&R”) in which she recommends that the motion be granted. No party has

objected to the R&R and the objection period has expired. The Court agrees with the magistrate

judge’s analysis. Accordingly,

IT IS ORDERED that Magistrate Judge Stafford’s R&R is hereby accepted and

adopted as the findings and conclusions of the Court.

IT IS FURTHER ORDERED that defendant Groat’s motion for summary judgment

is granted.

S/ Bernard A. Friedman_______________

Dated: September 21, 2015 BERNARD A. FRIEDMAN

Detroit, Michigan SENIOR UNITED STATES DISTRICT JUDGE

2:14-cv-14964-BAF-EAS Doc # 41 Filed 09/21/15 Pg 1 of 1 Pg ID 239
#### § 310.61 Training on other vessels and by other facilities or agencies.

The Administrator may arrange for training of midshipmen on Government-owned vessels, in cooperation with other governmental and private agencies, and on other vessels documented under the laws of the United States if the owner of such vessel cooperates in such use. Midshipmen may be assigned for training in shipyards, plants, and industrial and educational organizations for instructional purposes only.
§ 163.002-25 Marking. ( a ) Each pilot hoist manufactured under Coast Guard approval must have a corrosion-resistant nameplate. The nameplate must contain the— ( 1 ) Name of the manufacturer;
( 2 ) Manufacturer's brand or model designation;
( 3 ) Working load;
( 4 ) Lift height;
( 5 ) Maximum persons capacity;
( 6 ) Hoist serial number;
( 7 ) Date of manufacture; and
( 8 ) Coast Guard approval number.
( b ) The hoist must be permanently and legibly marked with the name of the laboratory that conducted the production tests.
Exhibit
      32










**CERTIFICATION**





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





**(SUBSECTIONS
      (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)**





Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
      section 1350, chapter 63 of title 18, United States Code), each of the
      undersigned officers of Fusion Telecommunications International, Inc., a
      Delaware corporation (the "Company"), does hereby certify, to such officer's
      knowledge, that:





The
      Quarterly Report on Form 10-Q for the quarter ended June 30, 2007, (the "Form
      10-Q") of the Company fully complies with the requirements of section 13(a)
      or
      15(d) of the Securities Exchange Act of 1934, and the information contained
      in
      the Form 10-Q fairly presents, in all material respects, the financial condition
      and results of operations of the Company.











Dated:
                August 14, 2007
            /s/
                Matthew D. RosenMatthew
                D. RosenPresident
                and Chief Executive OfficerDated:
                August 14, 2007
            /s/
                Barbara HughesBarbara
                HughesChief
                Financial Officer(Principal
                Financial Officer)
|   | i.   | The                  report fully complies with the requirements of Section 13(a) or                  15(d) of                  the Securities Exchange Act 1934;                  and |
|--------|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | ii.   | The                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Company. |
|--------|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|---------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| Dated:  January                22, 2008  | /s/                  MARTIN                  EULER                                                                   Name:                  Martin EulerTitle:                  Chief Executive Officer  |
```

[House Document 111-140]
[From the U.S. Government Publishing Office]

111th Congress, 2d Session - - - - - - - - - - House Document 111-140

 
     CONTINUATION OF EMERGENCY REGARDING EXPORT CONTROL REGULATIONS

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

   A CONTINUATION OF THE NATIONAL EMERGENCY REGARDING EXPORT CONTROL 
               REGULATIONS, PURSUANT TO 50 U.S.C. 1622(d)

 September 16, 2010.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed

                              The White House,

                          Washington, August 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.

Dear Madam Speaker: 

Section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic 
termination of a national emergency unless, prior to the 
anniversary date of its declaration, the President publishes in 
the Federal Register and transmits to the Congress a notice 
stating that the emergency is to continue in effect beyond the 
anniversary date. In accordance with this provision, I have 
sent to the Federal Register for publication the enclosed 
notice, stating that the emergency caused by the lapse of the 
Export Administration Act of 1979, as amended, is to continue 
in effect for 1 year beyond August 17, 2010.
                                                      Sincerely,
                                          
                                                  Barack Obama.

                                 Notice

                              ----------                              

              Continuation of Emergency Regarding Export 
                          Control Regulations

    On August 17, 2001, consistent with the authority provided 
to the President under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.), the President issued 
Executive Order 13222. In that order, he declared a national 
emergency with respect to the unusual and extraordinary threat 
to the national security, foreign policy, and economy of the 
United States in light of the expiration of the Export 
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et 
seq.). Because the Export Administration Act has not been 
renewed by the Congress, the national emergency declared on 
August 17, 2001, must continue in effect beyond August 17, 
2010. Therefore, in accordance with section 202(d) of the 
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing 
for 1 year the national emergency declared in Executive Order 
13222.
    This notice shall be published in the Federal Register and 
transmitted to the Congress.
                                                      Barack Obama.
    The White House, August 12, 2010.

                                  

```
§ 169.819 Manning of lifeboats and liferafts. ( a ) The provisions of this section shall apply to all vessels equipped with lifeboats and/or liferafts.
( b ) The master shall place a licensed deck officer, an able seaman, or a certificated lifeboatman in command of each lifeboat or liferaft. Each lifeboat or liferaft with a prescribed complement of 25 or more persons must have one additional certificated lifeboatman.
( c ) The person in charge of each lifeboat or liferaft shall have a list of its assigned occupants, and shall see that the persons under his orders are acquainted with their duties.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.031-7 Procedure for approval. ( a ) Shoulder gun line throwing appliances are approved by the Coast Guard under the procedures in subpart 159.005 of this chapter.
( b ) [Reserved]
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   2-MOS
<FISCAL-YEAR-END>                          JUL-31-1996             JUL-31-1995
<PERIOD-START>                             AUG-01-1995             JUN-01-1995
<PERIOD-END>                               JUL-31-1996             JUL-31-1995
<CASH>                                      44,142,187                 446,447
<SECURITIES>                                         0                       0
<RECEIVABLES>                                3,493,925                   5,000
<ALLOWANCES>                                   200,000                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                            49,450,228                 451,447
<PP&E>                                       1,711,105                  79,026
<DEPRECIATION>                                 305,337                   1,318
<TOTAL-ASSETS>                              53,660,575               1,316,655
<CURRENT-LIABILITIES>                        9,476,418                 122,036
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       137,929                 100,000
<OTHER-SE>                                  43,968,228               1,044,619
<TOTAL-LIABILITY-AND-EQUITY>                53,660,575              53,660,575
<SALES>                                      5,257,227                   5,000
<TOTAL-REVENUES>                             5,257,227                   5,000
<CGS>                                        4,752,621                  27,576
<TOTAL-COSTS>                               11,059,434                 110,381
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                             (5,087,838)               (105,381)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                         (5,087,838)               (105,381)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                (5,087,838)               (105,381)
<EPS-PRIMARY>                                    (0.42)                  (0.01)
<EPS-DILUTED>                                    (0.42)                  (0.01)
        

</TABLE>
§ 38.15-10 Leak detection systems—T/ALL. ( a ) A detection system shall be permanently installed to sense cargo leaks. The detectors shall be located within the space so as to permit the sensing of an initial leak and prevent an undetected gas accumulation. The sensitivity shall be in accordance with paragraph (b) of this section. The detectors shall be fitted in the following compartments: ( 1 ) Between the primary and secondary barriers for nonpressure vessel type tanks.
( 2 ) Cargo handling rooms and spaces containing cargo piping or cargo handling systems.
( 3 ) All enclosed spaces, except tanks and cofferdams, which are separated from the cargo tanks by only the secondary barrier.
( 4 ) Other spaces where gas concentrations might be expected.
( 5 ) Cargo holds, containing pressure vessel type tanks and no cargo piping, are exempt from the requirements of this paragraph.
( b ) The indicating instruments for the detection system shall be located on the bridge or at the cargo control station. An audio and visual warning shall be given before any gas concentration reaches 30 percent of the lower explosive limit. The alarm shall indicate both on the bridge and at the cargo control station. Sampling of each detector shall be at least once every half hour.
( c ) Means shall be provided to measure the full range of cargo gas concentration in the spaces.
[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-65, 33 FR 19985, Dec. 28, 1968]
§ 34.60-1 Application—T/ALL. ( a ) The provisions of this subpart shall apply to all tankships.
( b ) [Reserved]