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

 SOUTHERN DISTRICT OF OHIO 

 WESTERN DIVISION AT DAYTON

 

Keron D. Simpson, 

Petitioner, 

 Case No. 3:17-cv-300 

v. Judge Thomas M. Rose 

 Magistrate Judge Michael R. Merz 

Warren Lebanon Correctional Institution, 

Respondent. 

DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND 

RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 

MERZ (ECF 23), OVERRULING PETITIONER=S OBJECTIONS (ECF 20, 

26) TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, AND 

DISMISSING THE PETITION WITH PREJUDICE. (ECF 1). 

On March 14, 2018, Magistrate Judge Michael R. Merz filed a Report and 

Recommendation, (ECF 19), suggesting that the Court dismiss Petitioner Keron D. Simpson’s 

Petition for a Writ of Habeas Corpus. (ECF 1). On March 20, 2018, Petitioner filed Objection to 

the Magistrate=s Report and Recommendations. (ECF 20). The matter was recommitted to the 

Magistrate Judge for further review. (ECF 21). On March 29, 2018, the Magistrate Judge issued 

a supplemental report and recommendation, that reaches the same conclusion as before. (ECF 23). 

Petitioner again objects. (ECF 26). 

As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court 

has made a de novo review of the record in this case, taking into consideration both of Petitioner’s 

objections. Upon said review, the Court finds that Plaintiff=s Objections, (ECF 20, 26), to the 
2 

Magistrate Judge=s Report and Recommendations, (ECF 19, 23), are not well taken and is hereby 

OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Reports and 

Recommendations. (ECF 19, 23). The Petition is DISMISSED with prejudice. Because 

reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of 

appealability and the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively 

frivolous and therefore should not be permitted to proceed in forma pauperis. 

DONE and ORDERED this Wednesday, June 13, 2018. 

s/Thomas M. Rose 

 ________________________________ 

THOMAS M. ROSE 

 UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

PAMELA SUE MASON,
Case No. 2:17-cv-787

Plaintiff, CHIEF JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Elizabeth Preston Deavers

v.

CVS HEALTH d/b/a CVS PHARMACY,
Defendant.

ORDER

This matter is before the Court on Defendant Ohio CVS Stores, LLC’s (“CVS”) Motion to
Excuse Personal Attendance by its Representative at the Settlement Conference. (ECF No. 28).
CVS requests that the Court permit a CVS Representative with full settlement authority to attend
the May 7, 2019 Settlement Conference via telephone as CVS is an out-of-state corporation. (Jd.).
Pursuant to the order Settling Trial Date and Settlement Conference, the Court requires that the
parties or principals with settlement authority be present at the Settlement Conference. (ECF No.
8). The Court rarely permits a party to attend via telephone. (Jd). Accordingly, CVS’s Motion

(ECF No. 28) is DENIED.

IT IS SO ORDERED.
= J4~ 4019 SN
DATE EDMUND, A. SARGUS, JR.

CHIE ITED STATES DISTRICT JUDGE
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in this Annual Report on Form 10-K for the year ended June 30, 2004, of our report datedSeptember 2, 2004, appearing in the Registration Statements on Form S-8 (File No. 333-36779, effective November 3, 1997, File No. 333-43159, effective December 24, 1997 and File No. 333-43181, effective December 24, 1997) of SPACEHAB, Incorporatedfiled with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933. 

 

/s/ GRANT THORNTON LLP 

 

Houston, Texas

September 27, 2004
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

JORGE ENRIQUEZ, 

Defendant. 

: 

: 

: 

: 

: 

: 

: 

: 

:

Case No. 3:17-mj-00293 

Magistrate Judge Sharon L. Ovington 

BINDOVER ORDER 

This matter was set for preliminary examination on July 7, 2017. Defendant 

appeared with counsel and waived his right to a preliminary examination. The Court 

found the waiver to be knowing and voluntary and therefore orders that Defendant be 

bound over to the grand jury to answer the charge. 

July 7, 2017 s/Sharon L. Ovington 

 Sharon L. Ovington 

 United States Magistrate Judge 

Case: 3:17-cr-00132-WHR Doc #: 13 Filed: 07/07/17 Page: 1 of 1 PAGEID #: 34
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## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 29 May 07

EDAS Meteorological DataSource★at 38.77 N 77.11 WMeters AGL 

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EXHIBIT 32.0


                           Section 1350 CERTIFICATION

                       Pursuant to 18 U.S.C. Section 1350

Each of, Ronald B. Geib, Chief Executive Officer and Brendan J. McGill, Senior
Vice President and Chief Financial Officer, of Harleysville Savings Financial
Corporation (the "Company"), hereby certify that:

(1)   The Quarterly Report on Form 10-Q of the Company for the fiscal quarter
      ended December 31, 2006 (the "Report") fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m(a) or 78o(d)); 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/ Ronald B. Geib
                                                    ----------------------------
                                                    Ronald B. Geib
                                                    Chief Executive Officer

                                            By:     /s/ Brendan J. McGill
                                                    ----------------------------
                                                    Brendan J. McGill
                                                    Senior Vice President and
                                                    Chief Financial Officer

Date: February 12, 2007


Note: A signed original of this written statement required by Section 906 of
      the Sarbanes-Oxley Act has been provided to Harleysville Savings
      Financial Corporation and will be retained by Harleysville Savings
      Financial Corporation and furnished to the Securities and Exchange
      Commission or its staff upon request.
**EXHIBIT
      32.2**





**CERTIFICATION
      BY THE 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 on Form 10-QSB of Syndication, Inc. (the
      "Company") for the period ended June 30, 2007 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), the undersigned,
      Mrutyunjaya S. Chittavajhula., Chief Financial Officer of the Company, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, 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.




*Dated:*August 20*,
                          2007*
                
                */s/
                          Mrutyunjaya S. Chittavajhula.**Mrutyunjaya
                          S. Chittavajhula.**Chief
                          Financial
                          Officer*
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1174 KA 11-01478 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

CORI L. HUBERT, DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 1, 2011. The judgment convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant’s contention, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal ( see generally People v Lopez , 6 NY3d 248, 256), and that valid waiver forecloses any challenge by defendant to the severity of the sentence ( see id. at 255; see generally People v Lococo , 92 NY2d 825, 827).

Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court
EXHIBIT 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
       (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information relating
to the registrant, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is being prepared;
 (b)
    
    Designed such internal control over financial reporting, or caused such internal control over
financial reporting to be designed under our supervision, to provide reasonable assurance
regarding the reliability of financial reporting and the preparation of financial statements
for external purposes in accordance with generally accepted accounting principles;
 (c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and
 (d)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonable likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and
 (b)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
 Date: February 11, 2011
    /s/ Ronald B. GeibRonald B. GeibChief Executive Officer
**Exhibit 31.2****CERTIFICATION**I, Christopher F. Zerull, certify that: 1. I have reviewed this Annual Report on Form 10-K of Advanced Lighting Technologies, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operating ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     Date: September 28, 2005 /s/ Christopher F. Zerull     Name: Christopher F. Zerull  Title: Vice President and    Chief Accounting Officer
Exhibit
      31.1






CERTIFICATION




I,
      Bo
      Huang, certify that:




1.
      I have
      reviewed this Quarterly Report on Form 10-QSB for the quarter ended March 31,
      2007, of Sinoenergy Corporation;




2.
      Based
      on my knowledge, this report does not contain any untrue statement of a material
      fact or omit to state a material fact necessary to make the statements made,
      in
      light of the circumstances under which such statements were made, not misleading
      with respect to the period covered by this report;




3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the financial
      condition, results of operations and cash flows of the registrant as of, and
      for, the periods presented in this report;




4.
      The
      registrant’s other certifying officer and I are responsible for establishing and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:




a)
      designed such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under my supervision, to ensure that
      material information relating to the registrant, including its consolidated
      subsidiaries, is made known to me by others within those entities, particularly
      during the period in which this report is being prepared;




b)
      evaluated the effectiveness of the registrant’s disclosure controls and
      procedures and presented in this report my conclusions about the effectiveness
      of the disclosure controls and procedures, as of the end of the period covered
      by this report based on such evaluation; and




c)
      disclosed in this report any change in the registrant’s internal control over
      financial reporting that occurred during the registrant’s fourth fiscal quarter
      that has materially affected, or is reasonably likely to materially affect,
      the
      registrant’s internal control over financial reporting; and




5.
      The
      registrant’s other certifying officer and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the
      registrant’s auditors and the audit committee of the registrant’s board of
      directors:




a)
      all
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the registrant’s ability to record, process, summarize and
      report financial information; and




b)
      any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant’s internal control over financial
      reporting.






Dated:
                  May 21 , 2007
              /s/
                  Bo
                  HuangBo
                  HuangChief
                  Executive
                  Officer
exv10w16







    Exhibit 10.16






    FIFTH
    AMENDMENT TO SECOND AMENDED AND




    RESTATED EXECUTIVE SERVICES AGREEMENT



 



    This Fifth Amendment (the “Amendment”) to that certain
    Second Amended and Restated Executive Services Agreement dated
    as of November 30, 2009 (the “Employment
    Agreement”) by and between Sacker Consultants, Inc. (the
    “Lender”), Neil Sacker (the “Employee”) and
    The Film Department Holdings, Inc., a Delaware corporation, as
    successor-in-interest
    to The Film Department Holdings, LLC, (the “Company”),
    is made as of May 12, 2010 (the “Effective
    Date”), and is entered into by and between Company, Lender
    and Employee.



 



    WHEREAS, Company, Lender and Employee have previously entered
    into the Employment Agreement; and



 



    WHEREAS, Company, Lender and Employee have agreed to amend
    specific terms of the Employment Agreement in accordance with
    the terms set forth below. All capitalized terms not defined
    herein shall have the meanings ascribed to such terms in the
    Employment Agreement.



 



    NOW, THEREFORE, in consideration of the agreements made herein,
    the parties hereto agree as follows:



 



    1. The Employment Agreement is hereby amended by deleting
    both references to “May 14, 2010” in
    Sections 1 and 4, and substituting “June 1,
    2010” in lieu thereof in both instances.



 



    2. This Employment Agreement is intended to comply with
    Section 409A of the Internal Revenue Code of 1986, as
    amended (the “Code”) and the regulations and guidance
    promulgated thereunder (collectively, “Code
    Section 409A”) and will be interpreted in a manner
    intended to comply with Code Section 409A.



 



    IN WITNESS WHEREOF, the parties have duly executed this
    Amendment as of the date first above written.



 


	 	 	 
	

    THE FILM DEPARTMENT HOLDINGS INC.


	
 
	
    SACKER CONSULTANTS, INC.

	
 
	
 
	
 

	
 
	
 
	
 

	
    /s/  Mark
    Gill


    

	
 
	
    /s/  Neil
    Sacker


    


	

    By: Mark Gill


	
 
	
    By: Neil Sacker

	

    Its: Chairman & CEO


	
 
	
    Its:

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
    /s/  Neil
    Sacker


	
 
	
 
	
    


	
 
	
 
	
    Neil Sacker









 


 



    5th

    Amendment to
    2nd

    Amended and Restated Exec. Srvcs Agrmt.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4253 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4253

 To amend the Small Business Act to change the net worth amount under 
the small business program for socially and economically disadvantaged 
     individuals from $750,000 to $978,722, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 9, 2009

 Mr. Butterfield introduced the following bill; which was referred to 
                    the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
 To amend the Small Business Act to change the net worth amount under 
the small business program for socially and economically disadvantaged 
     individuals from $750,000 to $978,722, and for other purposes.

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

SECTION 1. DOLLAR LIMIT FOR DETERMINING ECONOMICALLY DISADVANTAGED 
              INDIVIDUALS UNDER SMALL BUSINESS ACT.

    (a) Amendment of Section 8(a).--Subparagraph (A) of section 8(a)(6) 
of the Small Business Act (15 U.S.C.637(a)(6)(A)) is amended by adding 
the following at the end thereof: ``In taking into account the net 
worth of a socially disadvantaged individual under this subparagraph 
for purposes of determining if such individual is economically 
disadvantaged, the Administrator shall consider a net worth of less 
than $978,722 as indicating that the individual is economically 
disadvantaged. For each calendar year after calendar year 2009, the 
Administrator shall adjust such $978,722 amount for inflation using the 
Bureau of Labor Statistics inflation calculator.''.
    (b) Federal Contract Compliance.--Subparagraph (C) of section 
8(d)(3) of the Small Business Act (15 U.S.C.637(d)(3)(C)) is amended by 
adding the following at the end thereof: ``The contractor shall presume 
that a social disadvantage individual is economically disadvantaged if 
such individual's net worth, as determined in accordance with this 
section is less than $978,722, adjusted for inflation as provided in 
subparagraph (A) of subsection (a)(6).''.
                                 <all>
```
**EXHIBIT
      32.2**





**CERTIFICATION
      PURSUANT TO 18 USC, SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906**


**OF
      THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report of World Am, Inc. (the “Company”) on Form
      10-QSB/A for the quarter ended June 30, 2007, as filed with the Securities
      and
      Exchange Commission on or about the date hereof (the “Report”), I, David J.
      Barnes, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
      Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,
      that:





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





(2)  Information
      contained in the Report fairly presents, in all material respects, the financial
      condition and results of operations of the Company.





Dated: October 19, 2007By:
              /s/ David J.
                BarnesDavid
                J. Barnes
                Its:
                  Chief Financial Officer