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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EBONY CRYSTAL MALCOM,

Petitioner, Case No. 15-11175

v. 

HON. AVERN COHN

ANTHONY STEWART, 

Respondent.

_________________________________/

ORDER DENYING PETITIONER’S MOTION TO REINSTATE PETITION (Doc. 8)

I.

This is a habeas case under 28 U.S.C. § 2254. Petitioner Ebony Crystal Malcom

(Petitioner) is a state inmate, filed a pro se petition for a writ of habeas corpus

challenging her convictions for operating a criminal enterprise, two counts of false

pretenses with intent to defraud, nine counts of forgery, nine counts of uttering and

publishing, seventeen counts of identity theft, and one count of recording a false

conveyance of realty. On April 22, 2015, the court dismissed the petition without

prejudice because Petitioner did not fully exhaust her state court remedies prior to filing

her petition. The Court also declined to issue a certificate of appealability. See Doc. 4;

Malcom v. Stewart, No. 15-11175, 2015 WL 1842888 (E.D. Mich. Apr. 22, 2015),

reconsideration denied, No. 15-11175, 2015 WL 2449233 (E.D. Mich. May 21, 2015).

Before the Court is Petitioner’s affidavit, which is construed as a motion, in which

she seeks to reinstate her petition. For the reasons that follow, the motion is DENIED.
II.

Petitioner is not entitled to have her petition reinstated because the Court did not

retain jurisdiction over the petition when it was dismissed without prejudice for failure to

exhaust. See Lefkowitz v. Fair, 816 F.2d 17, 21 (1st Cir. 1987). Because this Court did

not expressly retain jurisdiction over the first petition, Petitioner’s motion must be

denied. See Wilson v. Warren, 06-CV-15508; 2008 WL 5273633, * 1 (E.D. Mich. Dec.

17, 2008). The denial of Petitioner’s motion to reinstate is without prejudice to Petitioner

filing a new petition in this district. 

Accordingly, Petitioner’s motion to reinstate the habeas petition (Doc. 8) is

DENIED WITHOUT PREJUDICE.

SO ORDERED.

S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: December 27, 2017

Detroit, Michigan

2
```

[Journal of the House of Representatives, 1995]
[Thursday, July 27, 1995 (103), Para 103.19 Recorded Vote]
[Page 1210]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.103.19  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. KLUG:

       Page 48, after line 25, insert the following new section:

     SEC. 211. DEMONSTRATION PROJECT FOR ELIMINATION OF TAKE-ONE-
                   TAKE-ALL REQUIREMENT.

       In order to demonstrate the effects of eliminating the 
     requirement under section 8(t) of the United States Housing 
     Act of 1937, notwithstanding any assistance provided under 
     any program under section 8 of such Act for the multifamily 
     housing project consisting of the dwelling units located at 
     2401-2479 Sommerset Circle, in Madison, Wisconsin, or on 
     behalf of residents in such project, section 8(t) of such Act 
     shall not apply with respect to such project.

It was decided in the

Yeas

76

negative

Nays

348
```
[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Page 41053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3654]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Eastern Idaho Resource Advisory Committee, Caribou-Targhee 
National Forest, Idaho Falls, Idaho

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 106-393) the Caribou-Targhee 
National Forests' Eastern Idaho Resource Advisory Committee will meet 
Thursday, September 13, 2007 in Idaho Falls for a business meeting. The 
meeting is open to the public.

DATES: The business meeting will be held on September 13, 2007 from 9 
a.m. to 11 a.m.

ADDRESSES: The meeting location is the Caribou-Targhee National Forest 
Headquarters Office, 1405 Hollipark Drive, Idaho Falls, Idaho 83402.

FOR FURTHER INFORMATION CONTACT: Larry Timchak, Caribou-Targhee 
National Forest Supervisor and Designated Federal Officer, at (208) 
524-7500.

SUPPLEMENTARY INFORMATION: The business meeting on September 13, 2007, 
begins at 9 a.m., at the Caribou-Targhee National Forest Headquarters 
Office, 1405 Hollipark Drive, Idaho Falls, Idaho. Agenda topics will 
include approving projects for 2008 funding, and then heading into the 
field for a field trip to view past projects completed.

    Dated: July 20, 2007.
Lawrence A. Timchak,
Caribou-Targhee Forest Supervisor.
[FR Doc. 07-3654 Filed 7-25-07; 8:45 am]
BILLING CODE 3410-11-M
§ 179.220-9 Compartment tanks. ( a ) The inner container may be divided into compartments by inserting interior heads, or by fabricating each compartment as a separate container and joining with a cylinder, or by fabricating each compartment as a separate tank without a joining cylinder. Each compartment must be capable of withstanding, without evidence of yielding or leakage, the required test pressure applied in each compartment separately, or in any combination of compartments.
( b ) When the inner container is divided into compartments by fabricating each compartment as a separate container and joining with a cylinder, the cylinder must have a plate thickness not less than that required for the inner container shell and must be applied to the outside surface of the straight flange portion of the container head. The cylinder must fit the straight flange tightly for a distance of at least two times the plate thickness, or 1 inch, whichever is greater and must be joined to the straight flange by a full fillet weld. Distance from fillet weld seam to container head seam must be not less than 11 ⁄ 2 inches or three times the plate thickness, whichever is greater.
[Amdt. 179-9, 36 FR 21341, Nov. 6, 1971]
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2005 Reported in Senate (RS)]

                                                       Calendar No. 331
104th CONGRESS
  2d Session
                                H. R. 2005

                          [Report No. 104-229]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 31, 1995

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                            February 1, 1996

               Reported by Mr. Chafee, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To direct the Secretary of the Interior to make technical corrections 
       in maps relating to the Coastal Barrier Resources System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CORRECTION TO MAP.

    (a) In General.--The Secretary of the Interior shall, before the 
end of the 30-day period beginning on the date of the enactment of this 
Act, make such corrections to the map described in subsection (b) as 
are necessary--
            (1) to move on that map the eastern boundary of the 
        excluded area covering Ocean Beach, Seaview, Ocean Bay Park, 
        and part of Point O'Woods to the western boundary of the Sunken 
        Forest Preserve; and
            (2) to ensure that on that map the depiction of areas as 
        ``otherwise protected areas'' does not include any area that is 
        owned by the Point O'Woods Association (a privately held 
        corporation under the laws of the State of New York).
    (b) Map Described.--The map described in this subsection is the map 
that is included in a set of maps entitled ``Coastal Barrier Resources 
System'', dated October 24, 1990, that relates to the unit of the 
Coastal Barrier Resources System entitled Fire Island Unit NY-59P.

            Passed the House of Representatives October 30, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                     Clerk. -Subformat:
                                     

                                                       Calendar No. 331

104th CONGRESS

  2d Session

                               H. R. 2005

                          [Report No. 104-229]

_______________________________________________________________________

                                 AN ACT

 To direct the Secretary of the Interior to make technical corrections 
       in maps relating to the Coastal Barrier Resources System.

_______________________________________________________________________

                            February 1, 1996

                       Reported without amendment
```
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 September 28, 2013

|Filer                 | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                                                                                      | End of Comment Period                             
|--------------------- | ------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------
|COASTWAY BANCORP MHC  | * 3A1         | Coastway  Bancorp, Inc., Cranston, Rhode Island to acquire 100% of the outstanding capital stock of Coastway Community Bank, Cranston, Rhode Island, pursuant to section 3(a)(1) of the BHC Act, in connection with the conversion of Coastway Bancorp, MHC from mutual to stock form.                                               | Newspaper:Not availableFederal Register:10/15/2013
|Newspaper:            | Not available
|Federal Register:     | 10/15/2013   
|EQUITABLE BANCORP MHC | * 3A1* 3A3    | Equitable Bancorp, MHC and Equitable Bancorp, Inc., both of Lynn, Massachusetts, to become a mutual bank holding company and a stock bank holding company, respectively, by acquiring Equitable Cooperative Bank, Lynn, Massachusetts, pursuant to sections 3(a)(1) and 3(a)(3) of the Bank Holding Company Act of 1956, as amended. | Newspaper:Not availableFederal Register:10/18/2013
|Newspaper:            | Not available
|Federal Register:     | 10/18/2013   

## 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 
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Richmond
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Minneapolis
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Kansas City
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Dallas
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---

Home Banking information and regulation  Accessibility Contact 
  us
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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Philadelphia
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Cleveland
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Richmond
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Atlanta
Chicago
 |
St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending August 24, 2013

|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 Forth Quarter of 2013 (October 1, 2013 - December 31, 2013)

|Institution | Location
|----------- | --------

* Subject to the provisions of the Community Reinvestment Act

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Philadelphia
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 |
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---

Home Banking information and regulation  Accessibility Contact 
  us
§ 179.102-1 Carbon dioxide, refrigerated liquid. ( a ) Tank cars used to transport carbon dioxide, refrigerated liquid must comply with the following special requirements: ( 1 ) All plates for tank, manway nozzle and anchorage of tanks must be made of carbon steel conforming to ASTM A 516/A 516M (IBR, see § 171.7 of this subchapter), Grades 55, 60, 65, or 70, or AAR Specification TC 128-78, Grade B. The ASTM A 516/A 516M plate must also meet the Charpy V-Notch test requirements of ASTM A 20/A 20M (see table 16) (IBR, see § 171.7 of this subchapter) in the longitudinal direction of rolling. The TC 128 plate must also meet the Charpy V-Notch energy absorption requirements of 15 ft.-lb. minimum average for 3 specimens, and 10 ft.-lb. minimum for one specimen, at minus 50 °F in the longitudinal direction of rolling in accord with ASTM A 370 (IBR, see § 171.7 of this subchapter). Production-welded test plates prepared as required by W4.00 of AAR Specifications for Tank Cars, appendix W (IBR, see § 171.7 of this subchapter), must include impact test specimens of weld metal and heat-affected zone. As an alternate, anchor legs may be fabricated of stainless steel, ASTM A 240/A 240M Types 304, 304L, 316 or 316L, for which impact tests are not required.
( 2 ) - ( 6 ) [Reserved]
( b ) [Reserved]
[29 FR 18995, Dec. 29, 1964] Editorial Note
Editorial Note: For Federal Register citations affecting § 179.102-1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
§ 178.700 Purpose, scope and definitions. ( a ) This subpart prescribes requirements applying to IBCs intended for the transportation of hazardous materials. Standards for these packagings are based on the UN Recommendations.
( b ) Terms used in this subpart are defined in § 171.8 of this subchapter and in paragraph (c) of this section.
( c ) The following definitions pertain to the IBC standards in this subpart. ( 1 ) Body means the receptacle proper (including openings and their closures, but not including service equipment) that has a volumetric capacity of not more than 3 cubic meters (3,000 L, 793 gallons, or 106 cubic feet).
( 2 ) *Service equipment* means filling and discharge, pressure relief, safety, heating and heat-insulating devices and measuring instruments.
( 3 ) *Structural equipment* means the reinforcing, fastening, handling, protective or stabilizing members of the body or stacking load bearing structural members (such as metal cages).
( 4 ) *Maximum permissible gross mass* means the mass of the body, its service equipment, structural equipment and the maximum net mass (see § 171.8 of this subchapter).
[Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-108, 60 FR 40038, Aug. 4, 1995; 66 FR 45386, 45387, Aug. 28, 2001; 73 FR 57008, Oct. 1, 2008; 75 FR 5396, Feb. 2, 2010]
-----Original Message----- 

From: nancyabildgaard@comcast.net [mailto:nancyabildgaard@comcast.net] 

Sent: Saturday, April 24, 2010 6:09 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Nancy Abildgaard 

18 Meadow Place 

Carmel Valley, CA 93924
-----Original Message----- 

From: gwfish@cox.net [mailto:gwfish@cox.net] 

Sent: Sunday, April 25, 2010 2:18 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Gary Peterson 

1724 Rubin St 

Baton Rouge, LA 70808
I

104TH CONGRESS

1ST SESSION H. R. 2022

To require the partial application of the antitrust laws to major and minor

league baseball.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1995

Mr. MCHALE (for himself, Mr. STUPAK, Mr. FILNER, Mr. BUNNING of Kentucky, Mr. POMEROY, Mr. WYDEN, Mr. ORTIZ, Mr. BEILENSON, Mr.

MCNULTY, Mr. BARCIA, Mr. ZIMMER, Mr. TAYLOR of Mississippi, Ms.

WOOLSEY, Mr. ORTON, Mr. EVANS, Mr. JACOBS, Mr. HINCHEY, Ms.

LOFGREN, and Mr. VISCLOSKY) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To require the partial application of the antitrust laws to

major and minor league baseball.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLES.

4 This Act may be cited as the ‘‘Professional Baseball

5 Antitrust Reform Act of 1995’’ or the ‘‘Giles Act’’.

6 SEC. 2. AMENDMENT TO THE CLAYTON ACT.

7 The Clayton Act (15 U.S.C. 12 et seq.) is amended

8 by adding at the end the following:
2

•HR 2022 IH

1 ‘‘SEC. 27. The antitrust laws shall apply to any re2 straint or agreement imposed by professional baseball,

3 major or minor league team owners, their agents or em4 ployees, on the location of any minor league team or fran5 chise.’’.

Æ
EXHIBIT
32.2











CERTIFICATION
OF CHIEF FINANCIAL OFFICER PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report of Weingarten Realty Investors (the
"Company") on Form 10-K for the period ended December 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Stephen C. Richter, Executive Vice President and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that:





1.  The
Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and





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











BY:
            /s/
      Stephen C. RichterStephen
      C. RichterExecutive
      Vice President/Chief Financial
Officer





February
29, 2008
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: April 14, 2016 106658 

________________________________

THE PEOPLE OF THE STATE OF 

NEW YORK, 

Respondent, 

v MEMORANDUM AND ORDER

JENNIFER WILLIAMS, 

Appellant.

________________________________

Calendar Date: February 23, 2016

Before: McCarthy, J.P., Garry, Rose and Devine, JJ.

__________

Martin J. McGuinness, Saratoga Springs, for appellant.

Andrew J. Wylie, Special Prosecutor, Plattsburgh, for

respondent.

__________

Appeal from a judgment of the County Court of Franklin

County (Main Jr., J.), rendered March 3, 2014, convicting

defendant upon her plea of guilty of the crime of attempted

promoting prison contraband in the first degree. 

In satisfaction of a multicount indictment, defendant

pleaded guilty to the reduced charge of attempted promoting

prison contraband in the first degree, waived her right to appeal

and was sentenced, as a second felony offender, in accordance

with the plea agreement to the minimum prison term of 11⁄2 to 3

years. Defendant now appeals. 

Appellate counsel seeks to be relieved of his assignment of

representing defendant on the ground that there are no

nonfrivolous issues to be raised on appeal. Based upon our

review of the record, we agree. Therefore, the judgment is
-2- 106658 

affirmed and counsel's request for leave to withdraw is granted

(see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d

650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

McCarthy, J.P., Garry, Rose and Devine, JJ., concur.

ORDERED that the judgment is affirmed, and application to

be relieved of assignment granted.

ENTER:

Robert D. Mayberger

Clerk of the Court
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1842 Introduced in House (IH)]

  1st Session
                                H. R. 1842

  To ban the utilization of Federal funds by a State to lure jobs and 
                     businesses from another State.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1995

 Mr. Meehan (for himself and Mr. Franks of New Jersey) introduced the 
   following bill; which was referred to the Committee on Government 
                          Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
  To ban the utilization of Federal funds by a State to lure jobs and 
                     businesses from another State.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BAN ON UTILIZATION OF FEDERAL FUNDS TO LURE JOBS AND 
              BUSINESSES FROM ANOTHER STATE.

    No State may engage in the direct or indirect utilization of 
Federal funds of any kind, in whole or in part, to lure jobs and 
businesses from another State.
                                 <all>
```
```

[Journal of the House of Representatives, 1995]
[Thursday, July 13, 1995 (94), Para 94.26 Recorded Vote]
[Page 1131]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.94.26  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. FAZIO:

       Page 2, line 11, strike ``$570,017,000'' and insert 
     ``$569,417,000''.
       Page 2, line 12, strike ``of which'' and all that follows 
     through ``, and'' on line 17.
       Page 3, line 4, strike ``$570,017,000'' and insert 
     ``$569,417,000''.
       Page 16, line 5, strike ``$1,088,249,000'' and insert 
     ``$1,088,849,000''.
       Page 16, line 9, strike ``, and'' and all that follows 
     through ``serve'' on line 12.

It was decided in the

Yeas

174

negative

Nays

227
```