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

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Julio Rodriguez,

Petitioner, Case No. 2:18-CV-114

Judge Michael H. Watson

V. Magistrate Judge Chelsey M. Vascura

David Gray, Warden,

Belmont Correctional Institution,

Respondent.

OPINION AND ORDER

On February 12, 2018, Petitioner, a state prisoner, sought a petition for a

writ of habeas corpus under 28 U.S.C. § 2254. EOF No. 1. On March 19, 2018,

the Magistrate Judge issued a Report and Recommendation ("R&R")

recommending that the petition be transferred to the Sixth Circuit as successive

because it constitutes Petitioner's second attempt to challenge the same 1995

state court conviction under § 2254. EOF No. 4. A review of this Court's docket

in Rodriguez v. DeWitt, Case No. 2:99-cv-879 (S.D. Ohio, Sept. 10,1999) also

reveals that Petitioner could have brought the claims that he currently asserts—

involving allegations about the state court judge's actions in 1995—in his

previous § 2254 action. In re Bowen, 436 F.Sd 699, 704 (6th Cir. 2006) (citing

McClesky v. Zant, 499 U.S. 467, 489 (1991)). Moreover, although Petitioner was

advised of the right to object to the Magistrate Judge's R&R, and of the

consequences of failing to do so, no objections have been filed. The R&R, ECF
No. 4, is therefore, ADOPTED and AFFIRMED. Petitioner's motion to amend is

DENIED.

IT IS SO ORDERED.

nCHAEL H. WAtSON, JUDGE

UNITED STATES DISTRICT COURT
**Exhibit 32.2**

 

 **Certification of the Chief Financial Officer**

**Pursuant to 18 U.S.C. 1350**

**(Section 906 of the Sarbanes-Oxley Act of 2002)**

 

I, James R. Gordon, the Senior Executive Vice President and Chief Financial Officer of The South Financial Group, Inc. (“TSFG”), certify that to the best of my knowledge, based upon a review of the annual report on Form 10-K for the period ended December 31, 2008 of TSFG (the “Report”):

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

 

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

 

*/s/ James R. Gordon*

James R. Gordon

Senior Executive Vice President and Chief Financial Officer

The South Financial Group, Inc.

March 3, 2009

 

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 The South Financial Group, Inc. and will be retained by The South Financial Group, Inc. and furnished to the Securities and        Exchange Commission or its staff upon request.
<PAGE>



FRONTIER INSURANCE GROUP, INC.            1996 FORM 10-K              EXHIBIT 23



                         CONSENT OF INDEPENDENT AUDITORS




We consent to the  incorporation  by  reference in the  Registration  Statements
(Forms S-8 No.  33-30217,  No.  33-39638,  and No.  33-77332)  pertaining to the
Incentive and Non-Incentive Stock Option Plans of Frontier Insurance Group, Inc.
of our report dated March  26, 1997 (except for Note O,  as to which the date is
March 31,  1997),  with  respect to the  consolidated  financial statements  and
schedules of Frontier  Insurance  Group,  Inc.  included in this  Annual  Report
(Form 10-K) for the year ended December 31, 1996.



                                                   /S/    Ernst & Young LLP
                                                   -----------------------------



New York, New York
March 31, 1997




<PAGE>
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JOSHUA SANDER,

Plaintiff,
Case No. 3:18-cv-102

JUDGE WALTER H. RICE

v.
SHERIFF DAVE DUCHAK, et 2/.,

Defendants.

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION (DOC. #27);
SUSTAINING DEFENDANTS’ UNOPPOSED MOTION TO DISMISS
FOR LACK OF PROSECUTION (DOC. #26); DISMISSING CASE
WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; JUDGMENT
TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF;
TERMINATION ENTRY

On August 26, 2019, United States Magistrate Judge Michael J. Newman
issued a Report and Recommendation, Doc. #27, recommending that the above-
captioned case be dismissed under Fed. R. Civ. P. 41(b) for failure to prosecute.
Although the parties were notified of their right to file Objections to the Report and
Recommendation, and of the consequences of failing to do so, no Objections have
been filed within the time allotted.

The Court notes that Plaintiff was previously ordered to show cause by
August 6, 2019, why the case should not be dismissed for failure to prosecute.

Doc. #24. He failed to respond to that order, which was returned to the Court as


undeliverable. Doc. #25. Likewise, the August 26, 2019, Report and
Recommendation was returned to the Court as undeliverable. Doc. #28. It
appears that Plaintiff is no longer being held at the Miami County Jail, but has
failed to inform the Court of his new contact information.

Based on the reasoning and citations of authority set forth by Magistrate
Judge Newman, the Court ADOPTS his Report and Recommendation, Doc. #27,
SUSTAINS Defendants’ unopposed Motion to Dismiss for Lack of Prosecution,
Doc. #26, and DISMISSES this case WITHOUT PREJUDICE for failure to prosecute.

Judgment shall be entered in favor of Defendants and against Plaintiff.

The captioned case is hereby ordered terminated upon the docket records of
the United States District Court for the Southern District of Ohio, Western Division,

at Dayton.

( JonrT~<2
WALTER H. RICE
UNITED STATES DISTRICT JUDGE

Date: September 23, 2019
Rel at or s ee k s a w r i t of ma n damu s t o c ompel M ar g ar et M on t ema y or , D i s t r i ct Cl er k of B ex ar Coun t y , t o pr ov i de 1 h i m wi t h a c opy of

h i s r ec or ds i n c au s e N o. 94- CR
- 5424
. i i i i i i



### MEM ORA ND UMOP INION No
. 04 -0 8- 00 58 9- CR IN RE J org e I
. QU IR OZ Orig inal Mandamus Proce eding 1 PER C URIAM Sitt ing: Alma L . L ópez, Chief J ustice Sandee B ryan Mar ion , J ustice Steven C. Hilbig , J ustice Deliver ed and F iled: August 27, 2008 PETI TI ON F OR WR I T OF MANDAMUS DI SMI SSED FOR LACK OF J URI SDI CTI ON J org e I . Quiroz filed a petition for writ of mandamus see king to c ompel the District Clerk of B e xar County to p ro vid e him

wi th a c op y of the re c or ds fr om h is c ri min a l c onvic tio n f or us e in pursuingpost-conviction re m ed i es . This court has no manda mus jurisdiction over district clerks unless the issuance of the wr it is necessar y to enforc e our jur i s diction. In re O’ Brian , No. 04-04- 0 0 4 5 3 -C V, 2 0 0 4 W L 1 5 6 2 1 4 8 , a t* 1 (T ex . Ap p . — S anAn t o n i o J u l y 1 4 , 2 0 0 4 , o ri g. p ro ce ed i n g) (m e m. o p. ); In re Coronado , 9 8 0 S
. W
. 2 d 6 9 1 , 6 9 2 (T ex . Ap p . — S anAn t o n i o 1 9 9 8 , o ri g. proce eding ). Be cause we have no jurisdiction ove r post-convic tion writs of habea s corpus in fe lony
case s, the district clerk’ s alleg ed ref usal to pr ovide Quiroz w ith a copy of his rec ords does not af fec t our jurisdiction. In re O’

Brian , 2 00 4 WL

15 62 14 8, at *1 ; In re Coronado , 9 80 S.W. 2d at 69 2; T EX .04
- 08
- 00 58 9- CR

- 2- C ODE C R IM . P R OC . art. 11.07. Ac cording ly , Quiroz’s petition for writ of mandamus is dismiss ed for lack of jurisdiction. PER C URIAM

DO NO T PU B L I SH
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

RAY SCOTT HEID et al., : 

 : Case No. 2:18-CV-00311 

 Plaintiffs, : 

 : JUDGE ALGENON L. MARBLEY 

 v. : 

 : Magistrate Judge Deavers 

GARY MOHR, et al., : 

 : 

 Defendants. : 

ORDER 

This matter comes before the Court on the Magistrate Judge’s April 16, 2018 Report and 

Recommendation (ECF No. 6), which recommends that Plaintiff James E. Damron’s Motion for 

Leave to Proceed in forma pauperis (ECF No. 3) be denied and that he pay required to pay the 

$400 filing fee. Plaintiff Damron objected to the Report and Recommendation on April 27, 

2018, arguing “one cannot subtract the filing fee of $400.00 from Plaintiff’s access to $245.54,” 

which is Plaintiff Damron’s average monthly deposit. (ECF No. 8 at ¶ 8). 

Given that Plaintiff Damron is one of two named plaintiffs in this action, however, he is 

only required to pay $200, or one-half of the required $400 filing fee. To the extent the Report 

and Recommendation requires Plaintiff Damron to pay $400, it is therefore OVERRULED. 

The Court ADOPTS, however, the Report and Recommendation in so far as it denies Plaintiff 

Damron in forma pauperis status. Plaintiff Damron’s financial affidavit shows that he can pay 

the necessary $200, as his average monthly deposit is $245.54 and his total deposits from 

October 10, 2017 to April 10, 2018 exceed $1400. Thus, Plaintiff Damron’s Motion for Leave to 

Proceed in forma pauperis (ECF No. 3) is hereby DENIED. Plaintiff Damron is hereby 
2 

ORDERED to pay the required $200 filing fee within TWENTY-ONE (21) DAYS if he intends 

to proceed. 

IT IS SO ORDERED. 

 s/ Algenon L. Marbley 

 ALGENON L. MARBLEY 

 UNITED STATES DISTRICT JUDGE 

DATED: May 4, 2018
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

V. 

KENNETH THOMPKINS, 

Defendant. 

Case No. 3: 17-CR-183(3) 

JUDGE WALTER H. RICE 

DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S 

MOTION FOR COMPASSIONATE RELEASE (DOC. #195) 

Given that Defendant Kenneth Thompkins was released from the custody of 

the Bureau of Prisons on February 2, 2021, the Court OVERRULES AS MOOT his 

Motion for Compassionate Release, Doc. #195, in which he argued that early 

release was warranted due to his increased vulnerability to COVID-19. 

Date: July 12, 2021 

WALTER H. RICE 

UNITED STATES DISTRICT JUDGE 

Case: 3:17-cr-00183-WHR Doc #: 196 Filed: 07/19/21 Page: 1 of 1 PAGEID #: 1152
IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

SABRINA JORDAN, ADM’R OF 

THE ESTATE OF JAMARCO 

MCSHANN,

Plaintiff,

-vsOFFICER JOHN HOWARD, et al.,

Defendants.

CASE NO. 3:18-cv-00082

Judge Thomas M. Rose

Magistrate Judge Michael Newman

ORDER

For good cause shown, the Unopposed Motion of Plaintiff to Extend Summary Judgment 

briefing deadlines is well-taken and granted. 

It is therefore ordered that Plaintiff’s Opposition to Summary Judgment is due by 

December 6, 2019, and remaining summary judgment deadlines will proceed pursuant to the 

Local Rules. 

IT IS SO ORDERED.

___________________________________

UNITED STATES DISTRICT JUDGE

Case: 3:18-cv-00082-TMR Doc #: 22-1 Filed: 11/19/19 Page: 1 of 1 PAGEID #: 934
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DISTRICT AT CINCINNATI

St. Paul Fire and Marine Insurance, :

Company, et al.

Plaintiffs,

:

v.

: Case Number: 1:01cv96

Termination Date: December 11, 2003

Federal Insurance Company, et al., :

Defendants.

_____________________________________________________

NOTICE TO COUNSEL

_____________________________________________________

IN RE: SOUTHERN DISTRICT OF OHIO LOCAL RULES

RULE 79.2 Disposition of Exhibits, Models, Diagrams, Depositions,

and other materials.

RULE 79.3(e) Sealed, or Confidential Documents shall be disposed of

in accordance with Rule 79.2

Rule 72.2(a) Withdrawal by Counsel

All models, diagrams, depositions, photographs, x-rays and other exhibits and

materials filed in an action or offered in evidence shall not be considered part of the

pleadings in the action and, unless otherwise ordered by the Court, shall be withdrawn by

counsel without further Order within six (6) months after final termination of the action.

Rule 79.2(b) Disposal by the Clerk

All models, diagrams, depositions, x-rays and other exhibits and materials not

withdrawn by counsel shall be disposed of by the Courtroom Deputy as waste if not

retrieved by October 22, 2004, in accordance with these local rules. This office holds the

exhibit books and depositions which are subject to disposal if not retrieved by the date

listed herein. Please contact the undersigned to make arrangements for retrieval of items

listed above at 513-564-7650.

Rule 79.3(e)

Sealed or confidential documents shall be disposed of in accordance with Rule 79.2.

 JAMES BONINI, Clerk 

By: S/Barbara A. Crum 

bac October 19, 2004 Courtroom Deputy

Case 1:01-cv-00096-TSH Document 144 Filed 10/19/2004 Page 1 of 1
CERTIFICATION OF CEO AND CFO PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report on Form 10-QSB of Dialex Minerals Inc.
(the  Company)  for the  quarter  ended  September  30,  2003 as filed  with the
Securities and Exchange Commission on the date hereof (the Report), I, Alexander
G. Stewart, Chief Executive Officer of the Company,  hereby certifies,  pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act
of 2002, to the best of his/her knowledge, 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 result of operations of the Company.

By:                                    /s/ Alexander G. Stewart
                                      ----------------------------------
                                           Alexander G. Stewart
                                           Chief Executive Officer


                                      October 28, 2003

This  certification   accompanies  this  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
Exhibit 32.1



CERTIFICATION 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 Embarcadero Technologies, Inc. (the Company) on Form 10-Q for the period ended March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Stephen Wong, Chief Executive 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 result of operations of the Company.



|                                     
|-------------------------------------
|                                     
|/s/ Stephen Wong                     
|Stephen Wong                         
|President and Chief Executive Officer
|Date: May 9, 2005
<page>
 EXHIBIT 32.02



CERTIFICATION 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 Morgan Stanley Spectrum
Select L.P. (the "Partnership") on Form 10-Q for the period ended
June 30, 2004 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Kevin Perry, Chief Financial
Officer, Demeter Management Corporation, the general partner of
the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of my knowledge:
(1)	The Report fully complies with the requirements of Section
13 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 Partnership.









By:  /s/  Kevin Perry

Name:		Kevin Perry
Title:	Chief Financial Officer

Date:		August 16, 2004
EXHIBIT 32.1

STATEMENT OF CHIEF EXECUTIVE OFFICER
OF PREMIERE GLOBAL SERVICES, INC.
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Premiere Global Services, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned, Boland T. Jones, Chief Executive Officer of the Company, certifies, 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.
|

|               |                               
|-------------- | ------------------------------
|August 7, 2009 | /s/ Boland T. Jones           
|               | Boland T. Jones               
|               | Chief Executive Officer       
|               | Premiere Global Services, Inc.

---
EXHIBIT 32.1

SECTION 1350 CHIEF EXECUTIVE OFFICER

I, Friedhelm Blobel, Chief Executive Officer of SciClone Pharmaceuticals, Inc. (the
Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



|(1) | the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of section
13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                            
|-------------------- |  | ---------------------------
|Date: August 9, 2006 |  | /s/ Friedhelm Blobel, Ph.D.
|                     |  | Friedhelm Blobel, Ph.D.    
|                     |  | 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 SciClone Pharmaceuticals, Inc. and will be
retained by SciClone Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 25
          - [Docket No. FAA-2021-0775; Notice No. 25-21-03-SC]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed special conditions; withdrawal.

# SUMMARY:

                        The FAA is withdrawing the Notice of Proposed Special Conditions that published in the                         **Federal Register**                         on January 18, 2022.                    

# DATES:

As of January 20, 2022, the notice of proposed special conditions published on January 18, 2022, at 87 FR 2561 is withdrawn.

# FOR FURTHER INFORMATION CONTACT:

                        Eric Peterson, Safety Risk  Management Section, AIR-633, Policy and Innovation Division, Aircraft Certification  Service, Federal Aviation Administration, 2200 South 216th Street, Des Moines, Washington 98198; telephone and fax 206-231-3413; email                         *Eric.M.Peterson@faa.gov.*

# SUPPLEMENTARY INFORMATION:

## Background

                    On January 18, 2022, the FAA published in the                     **Federal Register**                    , 87 FR 2561, a Notice of Proposed Special Conditions No. 25-21-03-SC, Docket No. FAA-2021-0775. The published proposed special conditions pertain to design features for the Airbus Model A321-200 airplane.                

## Reason for Withdrawal

The FAA has determined that further internal study is necessary with respect to the proposed conditions referenced above. Therefore, to avoid confusion to the public and a comment period on a proposal that the agency is not moving forward at this time, the FAA is withdrawing the notice.

## Conclusion

The Notice of Proposed Special Conditions No. 25-21-03-SC, Docket  No. FAA-2021-0775, published at 87 FR 2561, is therefore withdrawn.

Brandon Roberts,

Executive Director, Office of Rulemaking.

[FR Doc. 2022-01123 Filed 1-18-22; 11:15 am]

BILLING CODE 4910-13-P
#### Edward Charles PICKENS v. STATE of Arkansas

CR 86-42

706 S.W.2d 179

Supreme Court of Arkansas

Opinion delivered March 24, 1986

*Achor & Rosenzweig,*by: *Jeff Rosenzweig,*for appellant.

*421
      *Steve Clark,*Att’y Gen., by: *Jack Gillean,*Asst. Att’y Gen., for appellee.

Per Curiam.

The petitioner asks for a writ of certiorari to the circuit court to deliver an accurate transcript in this case. Evidently three different reporters were used at different times. Since filing the petition, the record has been tendered and the issues presented are admittedly moot except those pertaining to the transcript prepared by Reporter James Taylor.

That portion recorded by James Taylor is challenged for two reasons: it is inaccurate and Taylor refuses to certify the transcript because he is no longer a reporter.

Evidently Taylor was the duly certified court reporter for this circuit court at the time he acted. The fact that he is no longer certified is incidental to his duty. If the trial court finds the transcript accurate, Taylor shall certify that portion he prepared as accurate and sign it. He may reflect the fact that he is no longer a reporter; but he was a certified reporter then and cannot avoid his duty to prepare and deliver an accurate transcript.

The circuit court has the inherent authority to order that reporter to prepare an accurate transcript. If he will not, the power of contempt proceeding is available; if he cannot prepare an accurate transcript because of incompetence, the power to order it done at the reporter’s expense is available.

The matter is remanded for the circuit court to take whatever action is necessary to resolve the questions remaining regarding the record.

Purtle, J., not participating.