alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

THOMAS BERT WISHART, 

 

 Plaintiff, Civil Action No. 15-CV-11174 

vs. HON. MARK A. GOLDSMITH 

CSI SUPPORT & DEVELOPMENT 

SERVICES & SUBSIDIARIES, et al. 

, 

 

 Defendants. 

_______________________________/ 

ORDER (1) ACCEPTING AND ADOPTING THE REPORT AND 

RECOMMENDATION OF THE MAGISTRATE JUDGE DATED SEPTEMBER 29, 2015 

(Dkt. 23), (2) GRANTING DEFENDANTS’ MOTIONS TO DISMISS (Dkts. 15, 18), AND 

(3) DISMISSING PLAINTIFF’S COMPLAINT 

This matter is presently before the Court on the Report and Recommendation (“R&R”) of 

Magistrate Judge Elizabeth Stafford, issued on September 29, 2015. In the R&R (Dkt. 23), the 

Magistrate Judge recommends that Defendants’ motions to dismiss (Dkts. 15, 18) be granted. 

On October 16, 2015, within the deadline for filing objections to the Magistrate Judge’s R&R, 

Plaintiff filed a letter with the Court. See 10/16/2015 Letter (Dkt. 25). In his letter, Plaintiff 

states: “No objections, just a suggestion respectfully.” Id. at 1 (cm/ecf page). Plaintiff further 

indicates that he has enclosed certain documents, calling attention to specific items, for the 

Magistrate Judge’s attention. Id. Plaintiff closes by stating that he “would truly appreciate 

having Defendants [sic] Motions and my Petition Dismissed Without Prejudice.” Id. 

Plaintiff, by his own terms, does not appear to be objecting to the Magistrate Judge’s 

R&R, and the Court does not interpret his letter to be an objection. However, to the extent 

Plaintiff could claim to be objecting to the conclusion reached by the Magistrate Judge, his 

objections must fail for lack of specificity: “The filing of vague, general, or conclusory 

2:15-cv-11174-MAG-EAS Doc # 26 Filed 10/30/15 Pg 1 of 2 Pg ID 283
2

objections does not meet the requirement of specific objections and is tantamount to a complete 

failure to object.” Fields v. Lapeer 71-A Dist. Court Clerk, 2 F. App’x 481, 483 (6th Cir. 2001). 

In any event, the Court has reviewed the R&R and concludes that the Magistrate Judge 

has reached the proper conclusion for the proper reasons. Therefore, the R&R is accepted and 

adopted as the findings and conclusions of the Court. Defendants’ motions to dismiss are 

granted, and Plaintiff’s complaint is dismissed with prejudice. 

SO ORDERED. 

 s/ Mark A. Goldsmith 

Dated: October 30, 2015 MARK A. GOLDSMITH 

 Detroit, Michigan UNITED STATES DISTRICT JUDGE 

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and 

any unrepresented parties via the Court's ECF System to their respective email or First Class 

U.S. mail addresses disclosed on the Notice of Electronic Filing on October 30, 2015. 

 s/Karri Sandusky 

 Case Manager

2:15-cv-11174-MAG-EAS Doc # 26 Filed 10/30/15 Pg 2 of 2 Pg ID 284
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority        Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

# Actions under delegated authority

## Actions taken during the week ending January 29, 2011

----

Bank Branches, DomesticKansas City          First State Bank of Colorado, Hotchkiss, Colorado -- to establish a branch at 564 Main Street, Delta.            -Withdrawn, January 24, 2011            San Francisco          Oak Valley Community Bank, Oakdale, California -- to establish a branch at 191 West North Street, Manteca.            -Approved, January 28, 2011            Bank Holding CompaniesKansas City          Commerce Bank and Trust Holding Company Employee Stock Ownership Plan, Topeka, Kansas -- to acquire additional shares of Commerce Bank and Trust Holding Company, Topeka, and its subsidiary bank, CoreFirst Bank & Trust.            -Withdrawn, January 25, 2011            Bank MergersChicago          Bank Iowa, Clarinda, Iowa -- to merge with Bank Iowa, Altoona; Bank Iowa, Denison; Bank Iowa, Humboldt; Bank Iowa, New Hampton; Bank Iowa, Oskaloosa; and Bank Iowa, Red Oak, and thereby establish branches.            -Withdrawn, January 24, 2011            Change in Bank ControlNew York          Alcar LLC, New York, New York -- change in bank control of Alcar and its subsidiary bank, Darien Rowayton Bank, Darien, Connecticut.            -Withdrawn, January 24, 2011            San Francisco          Cascade Bancorp, Bend, Oregon -- change in bank control of Cascade and its subsidiary bank, Bank of the Cascades, Bend (three notices).            -Permitted, January 24, 2011            Extensions of TimeChicago          Fentura Financial, Inc., Fenton, Michigan -- extension to April 27, 2011, to establish a subsidiary, Fentura Holdings, L.L.C., Fenton, to engage in extending credit and servicing loans.            -Granted, January 26, 2011            St. Louis          M&P Community Bancshares, Inc. 401(k) Employee Stock Ownership Plan, Newport, Arkansas -- extension to April 29, 2011, to acquire additional shares of M&P Community Bancshares, Inc., Newport.            -Granted, January 27, 2011            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
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# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending January 19, 2013

|Filer                                                        | Filing Type    | Filing Proposal                                                                                                                                                                                                                                                         | End of Comment Period                                  
|------------------------------------------------------------ | -------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|ADIRONDACK TRUST COMPANY EMPLOYEE STOCK OWNERSHIP TRUST, THE | * 3A3          | The Adirondack Trust Company Employee Stock Ownership Trust, Saratoga Springs, New York, to acquire fifty additional shares of 473 Broadway Holding Corporation and two thousand additional shares of The Adirondack Trust Company, both of Saratoga Springs, New York. | Newspaper:Not availableFederal Register:02/11/2013     
|Newspaper:                                                   | Not available 
|Federal Register:                                            | 02/11/2013    
|ADIRONDACK TRUST COMPANY, THE                                | Premises       | The Adirondack Trust Company, Saratoga Springs, New York, provides notice to increase its investment in bank premises in the amount of $200,000, pursuant to Section 24A of the Federal Reserve Act and Section 208.21 of Regulation H.                                 | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:                                                   | Not applicable
|Federal Register:                                            | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location         | RSSDID | Exam Date  | CRAPublic Date | CRARating | Exam Method
|------------------------------ | ------ | ---------- | -------------- | --------- | -----------
|TIOGA ST BK, SPENCER, NEW YORK | 910118 | 03/05/2012 | 01/03/2013     | S         | Int Sm Bank

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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Home Banking information and regulation  Accessibility Contact 
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Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending July 24, 2010

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
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Home Banking information and regulation  Accessibility Contact 
  us
Editorial Note on Part 107
Editorial Note: Nomenclature changes to part 107 appear at 67 FR 61011, Sept. 27, 2002, 70 FR 56089, Sept. 23, 2005, and 70 FR 73159, Dec. 9, 2005.

§ 107.809 Conditions of UN pressure receptacle approvals. ( a ) Each approval issued under this subpart contains the following conditions: ( 1 ) Upon the request of the Associate Administrator, the applicant or holder must allow the Associate Administrator or the Associate Administrator's designee to inspect the applicant's pressure receptacle manufacturing and testing facilities and records, and must provide such materials and pressure receptacles for analyses and tests as the Associate Administrator may specify. The applicant or holder must bear the cost of the initial and subsequent inspections, analyses, and tests.
( 2 ) Each holder must comply with all of the terms and conditions stated in the approval letter issued under this subpart.
( b ) In addition to the conditions specified in § 107.713, an approval may be denied or if issued, suspended or terminated if the Competent Authority of the country of manufacture fails to initiate, maintain or recognize an IIA approved under this subpart; fails to recognize UN standard packagings manufactured in accordance with this subchapter; or implements a condition or limitation on United States citizens or organizations that is not required of its own citizenry.
[71 FR 33874, June 12, 2006]
#### Kelsey Todd, *Executor, etc., Appellant v.*The United States Life Insurance Company in the City of New York, Respondent.

Judgment and order affirmed. Opinion by

Talcott, P. J.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PR ECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268 

### ( d 

### )( 2), SCACR.

THE STATE OF SOUTH CAROLINA In The Supreme Court

Davoris Smiley, Respondent,

v.

State of South Carolina, Petitioner.

Appellate Case No. 2013-002269

ON WRIT OF CERTIORARI

Appeal From Laurens County The Honorable Eugene C. Griff ith, Jr., Circuit Court Judge

Memorandum Opinion No. 2015-MO-043 Submitted May 15, 2015 – Filed July 22, 2015

AFFIRMED

Assistant Attorney General James Rutledge Johnson, of Columbia, for Petitioner.

Joshua Shaheen Nasrolla hi, of Greenwood, for Respondent.PER CURIAM: We granted the State's petition for a writ of certiorari to review the circuit court's grant of Davor is Smiley's applicati on for post-conviction relief (PCR). Smiley was convicted of armed robbery, possession of a weapon during the commission of a violent crime, and criminal conspiracy. The PCR judge granted his application on the followi ng grounds of ineffective assistance of his trial counsel for failure to: (1) object to the introduction of Smiley's clothing at trial as fruit of the poisonous tree; (2) object to the introduction of pictures from Smiley's cellphone; (3) investigate his co -defendant Lakash ian Robinson; (4) investigate Diana Melendez before calling her as a witness; and (5) meet with Smiley in order to investigat e and prepare for the trial.

In the petition before this Court, the St ate failed to appeal the fifth ground on which the PCR judge granted the applica tion. As such, that ground becomes the law of the case. See Atl. Coast Builders & Contra ctors, L.L.C. v. Lewis , 398 S.C. 323, 328, 730 S.E.2d 282, 285 (2012) (applying the two issue rule where master entered judgment for Respondent on causes of action for negligent misrepresentation, breach of contract a nd unjust enrichment a nd Petitioner failed to appeal the master's finding of liability for unjust enrichment); Jones v. Lott , 387 S.C. 339, 346, 692 S.E.2d 900, 903 (2010) (stating "[u]nder the two issue rule, where a trial court's decision is based on mo re than one ground, the appellate court will affirm unless the appella nt appeals all grounds be cause the unappealed ground will become the law of the case").

Even if we were to reverse on all gr ounds presented to this Court, the unappealed ground sustains the PCR judg e's decision and precludes reversal.

Accordingly, the decision of the PCR judge is affirmed.

AFFIRMED.

TOAL, C.J., PLEICONES, BEATTY and KITTREDGE, JJ., concur. HEARN, J., not participating.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 5
Federal Reserve Bank of: Richmond

## Filings received during the week ending November 5, 2011

|Filer                        | Filing Type    | Filing Proposal                                                                                                                                                                                                                    | End of Comment Period                                 
|---------------------------- | -------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------
|CB FINANCIAL CORPORATION     | CIC            | S. Christopher Williford, Wilson, North Carolina, to control up to 24.69% of the voting shares of CB Financial Corporation, Wilson, North Carolina.                                                                                | Newspaper:Not availableFederal Register:Not available 
|Newspaper:                   | Not available 
|Federal Register:            | Not available 
|EAGLEBANK                    | * Branch       | EagleBank, Bethesda, Maryland, to establish a branch at 2905 District Avenue, Suite 190, Fairfax, Virginia                                                                                                                         | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:                   | Not available 
|Federal Register:            | Not applicable
|SECURITY FEDERAL CORPORATION | * 3A1          | Security Federal Corporation, Aiken, South Carolina, to become a bank holding company upon the conversion of Security Federal Bank, Aiken, South Carolina, from a federal stock savings bank to a state chartered commercial bank. | Newspaper:Not availableFederal Register:11/01/2011    
|Newspaper:                   | Not available 
|Federal Register:            | 11/01/2011    

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
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Richmond
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Atlanta
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Home Banking information and regulation  Accessibility Contact 
  us
```

[House Report 106-148]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-148

======================================================================

 
  PROVIDING FOR THE CONSIDERATION OF H.R. 1553, THE NATIONAL WEATHER 
         SERVICE AND RELATED AGENCIES AUTHORIZATION ACT OF 1999

                                _______
                                

    May 18, 1999.--Referred to the House Calendar and ordered to be 
                                printed

                                _______

   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 175]

    The Committee on Rules, having had under consideration 
House Resolution 175, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1553, 
the ``National Weather Service and Related Agencies 
Authorization Act of 1999,'' under an open rule. The rule 
provides one hour of general debate divided equally between the 
chairman and ranking minority member of the Committee on 
Science.
    The rule waives points of order against consideration of 
the bill for failure to comply with clause 4(a) of rule XIII 
(requiring a three-day layover of the committee report). The 
rule makes in order as an original bill for the purpose of 
amendment the amendment in the nature of a substitute 
recommended by the Committee on Science and now printed in the 
bill. The amendment in the nature of a substitute shall be 
considered as read.
    The rule permits the chairman of the Committee of the Whole 
to accord priority in recognition to those Members who caused 
their amendment to be printed in the Congressional Record and 
permits the Chairman of the Committee of the Whole to postpone 
votes during consideration of the bill, and to reduce voting 
time to five minutes on a postponed question if the vote 
follows a fifteen minute vote. Finally, the rule provides for 
one motion to recommit, with or without instructions.
    The waiver of clause 4(a) of rule XIII is necessary because 
the committee report accompanying the bill was filed on May 18, 
1999, and the bill is expected to be considered on the floor on 
May 19.

                                  

```
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority        Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

# Board Actions

## Actions taken during the week ending March 10, 2012

----

Forms            Forms -- initial Board review to extend without revision the Recordkeeping Requirements Associated with Changes in Foreign Investments (Made Pursuant to Regulation K) (FR 2064) and Notice Requirements in Connection with Regulation W (12 CFR Part 223 Transactions Between Member Banks and Their Affiliates).            -Proposed, March 7, 2012                        Forms -- final Board review to revise without extension the Consolidated Financial Statements for Bank Holding Companies (FR Y-9C).            -Approved, March 8, 2012                        Forms -- final Board review to extend without revision the Recordkeeping Requirements of Regulation H and Regulation K Associated with Bank Secrecy Act Compliance Programs.            -Approved, March 9, 2012            Personnel            Office of Financial Stability Policy and Research -- appointment of Rochelle Edge as adviser.            -Approved, March 5, 2012            Enforcement            Enforcement Actions -- action plans for supervised financial institutions to correct deficiencies in residential mortgage loan servicing and foreclosure processing, as required by formal enforcement actions issued by the Federal Reserve last year.            -Announced, March 8, 2012                        Sterling Financial Corporation, Spokane, Washington -- written agreement dated December 24, 2009, terminated March 5, 2012.            -Announced, March 8, 2012            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
§ 67.83 Passage of title by extra-judicial repossession and sale. When title to a documented vessel has passed by reason of an extra-judicial repossession and sale, such passage must be established by: ( a ) A copy of the instrument under which foreclosure was made;
( b ) An affidavit from the foreclosing party setting forth the reasons for foreclosure, the chronology of foreclosure, the statute(s) under which foreclosure was made, and the steps taken to comply with the relevant instrument and statute(s);
( c ) Evidence of substantial compliance with the relevant instrument and statute(s); and
( d ) A bill of sale which meets the criteria for filing and recording set forth in subpart P of this part from the foreclosing party as agent for the defaulting owner(s).
§ 1.90 The Federal Transit Administration. Is responsible for: ( a ) Providing grants that support the development of safe, comprehensive and coordinated public transportation systems;
( b ) Creating and implementing a national public transportation safety program that includes the development of safety practices and standards;
( c ) Assisting public transportation systems to achieve and maintain their infrastructure, equipment and vehicles in a state of good repair;
( d ) Promoting the environmental benefits of public transportation through continuing, cooperative, and comprehensive planning that improves the performance of the intermodal transportation system.
( e ) Supporting research, development, demonstration, and deployment projects dedicated to assisting in the delivery of safe, efficient and effective public transportation service;
( f ) Supporting, in coordination with FHWA and FRA, strong connections between public transportation and other modes of transportation, including bicycle/pedestrian facilities and station-area development that strengthen local communities; and
( g ) Maximizing the positive impacts on the U.S. economy by encouraging domestic manufacturing on transit projects through the enforcement of Buy America provisions.