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#### Merton C. Temple, Claimant, *v.*State of New York, Defendant.

(Claim No. 33755.)

Court of Claims,

January 13, 1959.

*Albert Averbach*for claimant.

*Louis J. Lefkoiuits, Attorney-General (Harold S. Coyne*of counsel), for defendant.

Bichard S. Heller, J.

This claim for property damage and personal injuries arose when claimant’s car skidded on Boute 96-A a State highway leading from Geneva to Ovid.

On October 6, 1955 claimant had driven to Geneva from his home in Bomulus and started his return trip at approximately *1543:45 p.m. He was driving southerly on Route 96-A about four miles south of the Route 5-20 intersection when his car skidded and went off the east edge of the macadam two-lane road and struck a tree. This collision caused the injuries and- the damage to the car.

Temple was familiar with this road having driven over it many times. He knew that this road was slippery when wet. He knew it was patched and rough in spots. And in particular he knew of all these conditions at the very spot or location where the accident happened.

The proof established that the road was wet at the time of the accident, i.e., 4:30-5:00 p.m., October 6, 1955; that other accidents occurred at this same location on previous occasions; and that the State knew or should have known of the condition of the highway. Claimant’s contention of unusual roughness is not established.

Providentially, for the State and other travelers, a foreman of the Department of Public Works had erected a “ slippery when wet ’ ’ sign north of the exact location of the accident between 2:00 and 2:15 p.m., on October 6,1955, just two and one half hours before the accident. This was an approved standard sign and was located properly to warn southbound traffic. At the same time another sign was placed some distance to the south to warn northbound traffic.

Claimant observed this new sign as he approached a location he had known was slippery for years. There are undoubtedly times when a lapse of memory or other reasons might excuse claimant but under all the circumstances presented here the claimant has failed to establish his freedom from contributory negligence. *(Tyrell*v. *State of New York,*4 Misc 2d 700, affd. 6 A D 2d 958.)

The claim must be dismissed.

The foregoing constitutes the written and signed decision of the court upon which judgment may be entered. (Civ. Prae. Act, § 440.)

Let judgment be entered accordingly.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 29 Agreed to Senate (ATS)]

113th CONGRESS
  1st Session
S. RES. 29

To constitute the majority party's membership on certain committees for 
  the One Hundred Thirteenth Congress, or until their successors are 
                                chosen.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2013

 Mr. Reid submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
To constitute the majority party's membership on certain committees for 
  the One Hundred Thirteenth Congress, or until their successors are 
                                chosen.

    Resolved, That the following shall constitute the majority party's 
membership on the following committees for the One Hundred Thirteenth 
Congress, or until their successors are chosen:
    Committee on Agriculture, Nutrition, and Forestry: Ms. Stabenow 
(Chairman), Mr. Leahy, Mr. Harkin, Mr. Baucus, Mr. Brown, Ms. 
Klobuchar, Mr. Bennet, Mrs. Gillibrand, Mr. Donnelly, Ms. Heitkamp, and 
Mr. Cowan.
    Committee on Commerce, Science, and Transportation: Mr. Rockefeller 
(Chairman), Mrs. Boxer, Mr. Nelson, Ms. Cantwell, Mr. Lautenberg, Mr. 
Pryor, Mrs. McCaskill, Ms. Klobuchar, Mr. Warner, Mr. Begich, Mr. 
Blumenthal, Mr. Schatz, and Mr. Cowan.
    Committee on Finance: Mr. Baucus (Chairman), Mr. Rockefeller, Mr. 
Wyden, Mr. Schumer, Ms. Stabenow, Ms. Cantwell, Mr. Nelson, Mr. 
Menendez, Mr. Carper, Mr. Cardin, Mr. Brown, Mr. Bennet, and Mr. Casey.
    Committee on Foreign Relations: Mr. Menendez (Chairman), Mrs. 
Boxer, Mr. Cardin, Mr. Casey, Mrs. Shaheen, Mr. Coons, Mr. Durbin, Mr. 
Udall of New Mexico, Mr. Murphy, and Mr. Kaine.
    Committee on Small Business and Entrepreneurship: Ms. Landrieu 
(Chairman), Mr. Levin, Mr. Harkin, Ms. Cantwell, Mr. Pryor, Mr. Cardin, 
Mrs. Shaheen, Mrs. Hagan, Ms. Heitkamp, and Mr. Cowan.
    Joint Economic Committee: Ms. Klobuchar (Vice Chairman), Mr. Casey, 
Mr. Warner, Mr. Sanders, Mr. Murphy, and Mr. Heinrich.
                                 <all>
```
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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

JAMES BROWN, : 

 : 

 Plaintiff, : Civil Action No.: 10-1791 (RC) 

 : 

 v. : Re Documents No.: 29, 36 

 : 

JASON ROSS et al., : 

 : 

 Defendants. : 

MEMORANDUM ORDER 

This court referred the defendants’ pending motion to dismiss to Magistrate Judge 

Facciola, who issued a Report and Recommendation on July 6, 2012. The Report and 

Recommendation recommended that the defendants’ motion be granted and that the plaintiff be 

given leave to amend. The Report further warned that any failure to file timely objections would 

result in a waiver of the right to appeal any order of this court adopting the Report. See LCvR 

72.3(b) (allowing a party to file a written objection within 14 days after being served with the 

report and recommendation). No objections have been received, and all objections are thus 

deemed waived. Elec. Transaction Sys. Corp. v. Prodigy Partners Ltd., 2009 WL 3273920, at 

*1 (D.D.C. Oct. 9, 2009). Accordingly, it is this 6th day of August, 2012, hereby

ORDERED that Magistrate Judge Facciola’s Report and Recommendation is adopted in 

full; it is further 

ORDERED that the defendants’ motion to dismiss is GRANTED; and it is 

ORDERED that the plaintiff is GRANTED leave to file a second amended complaint. 

SO ORDERED. 

 RUDOLPH CONTRERAS 

United States District Judge
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6964

ANDREW T. SWINTON,

Petitioner - Appellant,

versus

JON OZMINT, Director of SC Department of

Corrections; HENRY MCMASTER, Attorney General

for South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. G. Ross Anderson, Jr., District

Judge. (4:05-cv-2826-GRA)

Submitted: June 8, 2007 Decided: July 3, 2007

Before WILLIAMS, Chief Judge, and NIEMEYER and GREGORY, Circuit

Judges.

Dismissed by unpublished per curiam opinion.

Andrew T. Swinton, Appellant Pro Se. Donald John Zelenka, OFFICE

OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Andrew T. Swinton seeks to appeal the district court’s

order accepting the recommendation of the magistrate judge and

dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Swinton has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

December 10, 2014

t1203 

# Order

Clerk December 10, 2014

149426

PEOPLE OF THE STATE OF MICHIGA N,

Plaintiff

- Appellee,

v SC: 149426

COA: 320971

Clare CC: 11

- 004355

- FH

JOSEPH ADAM GROSS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 30, 2014 order

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded

that the questions presented should be reviewed by this Court.
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