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

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

CHARLES HENRY MOORE, III,

Petitioner, : Case No. 3:18-cv-145

Also Case No. 3:18-cr-021

- vs - District Judge Thomas M. Rose

Magistrate Judge Michael R. Merz

UNITED STATES OF AMERICA,

:

Respondent.

REPORT AND RECOMMENDATIONS

This habeas corpus case, purportedly pursuant to 28 U.S.C. § 2241, is before the Court 

for initial review upon filing.

The Petition was filed on behalf of the Petitioner by Deborah J. Sims, who identifies 

herself as the Petitioner’s mother (ECF No. 1, PageID 9). However, Ms. Sims is not an attorney 

at law admitted to practice before this Court and therefore not authorized to file pleadings on 

behalf of another person. In federal court litigants must either be represented by counsel or 

proceed pro se. Petitioner Moore has retained counsel in his companion criminal case, attorney 

L. Patrick Mulligan. To the extent the Petition raises arguments about Moore’s entitlement to 

pre-trial relief in his criminal case, those arguments must be made in that case by Mr. Mulligan. 

The Clerk is directed to furnish Mr. Mulligan with a copy of this Report and the Petition.

Second, the Petition was tendered without payment of the required filing fee of $5.00 or 

an application to proceed in forma pauperis.
2

For the foregoing reasons, the Magistrate Judge respectfully recommends the Petition be 

dismissed without prejudice. Because reasonable jurists would not disagree with this conclusion, 

Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth 

Circuit that any appeal would be objectively frivolous and therefore should not be permitted to 

proceed in forma pauperis.

May 3, 2018.

 s/ Michael R. Merz

 United States Magistrate Judge

NOTICE REGARDING OBJECTIONS

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the 

proposed findings and recommendations within fourteen days after being served with this Report 

and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen 

days because this Report is being served by mail. .Such objections shall specify the portions of 

the Report objected to and shall be accompanied by a memorandum of law in support of the 

objections. If the Report and Recommendations are based in whole or in part upon matters 

occurring of record at an oral hearing, the objecting party shall promptly arrange for the 

transcription of the record, or such portions of it as all parties may agree upon or the Magistrate 

Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may 

respond to another party=s objections within fourteen days after being served with a copy thereof. 

Failure to make objections in accordance with this procedure may forfeit rights on appeal. See 

United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 

153-55 (1985).
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Cassandra Loreti,

Plaintiff,

v. Case No. 2:18-cv-004

Commissioner of

Social Security,

Defendant.

ORDER

This matter is before the court for consideration of the

December 21, 2018, report and recommendation of the magistrate

judge to whom this case was referred pursuant to 28 U.S.C. §636(b). 

The magistrate judge concluded that the administrative law judge

did not adequately explain how limiting plaintiff to work

environments without excessive noise accommodates plaintiff’s

severe impairment of conductive hearing loss in the ears

bilaterally and enables her to engage in work-related activities. 

The magistrate judge recommended that the Commissioner’s nondisability finding be reversed, and that this case be remanded to

the Commissioner pursuant to 42 U.S.C. §405(g), sentence four, for

further proceedings consistent with the report and recommendation.

The report and recommendation specifically advised the parties

that failure to object to the report and recommendation within the

specified time limit “will result in a waiver of the right to de

novo review by the District Judge and waiver of the right to appeal

the judgment of the District Court.” Doc. 16, pp. 12-13. The time

period for filing objections to the report and recommendation has

expired, and no party has objected to the report and
recommendation.

The court adopts the report and recommendation of the

magistrate judge (Doc. 16). The decision of the Commissioner is

reversed, and this case is remanded to the Commissioner under §405,

sentence four, for further proceedings consistent with the report

and recommendation. The clerk shall enter judgment remanding this

case to the Commissioner.

Date: February 25, 2019 s/James L. Graham 

 James L. Graham

 United States District Judge 

2
**
**EXHIBIT 32**

**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 Cross Timbers Royalty Trust (the “Trust”) on Form10-Q for the quarterly period ended June 30, 2023, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity butsolely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge: 

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

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

 
     
            Argent Trust Company,
       
            Trustee for Cross Timbers Royalty Trust
  
August 11, 2023
 
                
    By                 /s/ NANCYWILLIS                           Nancy Willis       Vice President  **
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

OBIE OBIE MASANGO,

Plaintiff,

vs.

OFFICER MICHAEL SCHWARTZ,

Defendant.

:

:

:

:

:

:

:

:

:

Case No. 3:18-cv-161

Magistrate Judge Sharon L. Ovington

(By consent of the parties)

DECISION AND ENTRY

This matter is before the Court upon Defendant’s Motion to Compel (Doc.#13), 

Plaintiff’s Reply (Doc. # 15) and Defendant’s Response (Doc. # 16). Defendant submits 

that he has served discovery requests upon Plaintiff and he has failed to fully respond. In 

particular, Defendant asserts that document requests and a copy of the video Plaintiff 

claims to have of the incident have not been turned over.

Plaintiff’s response states, “Due to disclosure of evidence before the trial date, I 

write to revoke the motion to compel by the defense counsel.” (Doc. # 15). During a 

phone call with defense counsel, Plaintiff advised that he was not going to provide the 

video or other discovery until the day of trial. (Doc. # 13).

Rule 26(b)(1) of the Federal Rules of Civil Procedure provides in part:

Unless otherwise limited by court order, the scope of discovery is as follows: 

Parties may obtain discovery regarding any nonprivileged matter that is relevant to 

any party’s claim or defense ....
2

Plaintiff is mistaken in his belief that he does not have to respond to discovery 

requests prior to trial. He does. Accordingly, Plaintiff is put on notice that he must 

respond to all outstanding discovery requests on or before November 13, 2019. Further, 

in the event that he fails to do so the Court may consider the imposition of sanctions 

including the exclusion of evidence or dismissal of the case for failure to prosecute.

IT IS THEREFORE ORDERED THAT:

Defendant’s Motion to Compel (Doc. # 13) is GRANTED.

October 31, 2019 s/Sharon L. Ovington

Sharon L. Ovington

United States Magistrate Judge
ex10-1.htm


EXHIBIT 10.1

 

Severance Agreement by and between 

 

FactSet Research Systems Inc. 

 

And 

 

Peter G. Walsh 

 

If FactSet Research Systems Inc. (“FactSet” or the “Company”) terminates your employment against your will for any reason other than your willful failure to substantially perform your duties, your being adjudged guilty of a felony by a court of last resort from which there is no appeal, or your material breach of your fiduciary duties to FactSet, FactSet will make a liquidating payment equal to your annual compensation over the past twelve months. In addition, FactSet will continue to provide your standard employee benefits for twelve months from the date of termination. 

 

If any change in control takes place during your employment with FactSet, and your employment is involuntary terminated (other than for cause as described above), FactSet will make a liquidating payment equal to two times your annual compensation over the past twelve months. In additional, FactSet will continue to provide your standard employee benefits for twenty-four months from the date of termination. 

 

	  	  	  	  	  
	
Agreed:
	
 
	
 
	
 
	
 

	  	  	  
	
/s/    HOWARD E. WILLIE        
	
 
	
 
	
 
	
September 20, 1999

	
Howard E. Willie
	
 
	
 
	
 
	
Date

	  	  	  
	
/s/    PETER G. WALSH        
	
 
	
 
	
 
	
September 20, 1999

	
Peter G. Walsh
	
 
	
 
	
 
	
Date
<PAGE>

                                                                    Exhibit 32.1

                  CERTIFICATION PURSUANT TO SECTION 906 OF THE

                                                      SARBANES-OXLEY ACT OF 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:

     We, Albert A. Canosa, Chief Executive Officer of Raytech Corporation (the
"Company"), and John B. Devlin, Vice President, Treasurer and Chief Financial
Officer of the Company, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, do hereby certify as follows:

     1.   The annual report on Form 10-K of the Company for the period ended
          December 28, 2003 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 such Form 10-K fairly presents, in
          accordance with United States generally accepted accounting
          principles, in all material respects, the financial condition and
          results of operations of the Company.

     IN WITNESS WHEREOF, we have executed this Certification this 12th day of
April, 2004.

                                               /s/ALBERT A. CANOSA
                                               --------------------------------
                                               President and
                                               Chief Executive Officer

                                               /s/JOHN B. DEVLIN
                                               --------------------------------
                                               John B. Devlin
                                               Vice President, Treasurer
                                               and Chief Financial Officer
EXHIBIT 32.1

SECTION 1350 CERTIFICATION OF 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, 2010 |  |  |  | /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.
**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**

|   | (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**/**John              A. Moore                                |   |   |   |
| John              A. Moore                                           |   |   |        |
| Chief                Executive OfficerAugust                20, 2007 |   |   |   |

----
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 562 Agreed to Senate (ATS)]

<DOC>

116th CONGRESS
  2d Session
S. RES. 562

  Designating March 25, 2020, as ``National Cerebral Palsy Awareness 
                                 Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2020

 Mrs. Loeffler (for herself, Mr. Casey, and Ms. Hassan) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  Designating March 25, 2020, as ``National Cerebral Palsy Awareness 
                                 Day''.

Whereas cerebral palsy is a group of permanent disorders that impact movement 
        and posture and is attributed to nonprogressive disturbances that occur 
        in the developing brain;
Whereas cerebral palsy, the most common motor disability in children, is caused 
        by damage to 1 or more specific areas of the developing brain, which 
        usually occurs during fetal development before, during, or after birth;
Whereas the majority of children who have cerebral palsy are born with the 
        condition, but it may be undetected for months or years;
Whereas 75 percent of individuals with cerebral palsy also have 1 or more 
        developmental disabilities, including epilepsy, an intellectual 
        disability, autism, a visual impairment, or blindness;
Whereas, according to information published by the Centers for Disease Control 
        and Prevention--

    (1) the prevalence of cerebral palsy is not changing over time; and

    (2) an estimated 1 in 323 children has cerebral palsy;

Whereas approximately 1,000,000 individuals in the United States are affected by 
        cerebral palsy;
Whereas, although there is no cure for cerebral palsy, treatment often improves 
        the capabilities of a child with the condition;
Whereas scientists and researchers are hopeful for breakthroughs in cerebral 
        palsy research;
Whereas researchers across the United States conduct important studies involving 
        cerebral palsy; and
Whereas the Senate can raise awareness of cerebral palsy for the public and 
        within the medical community: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates March 25, 2020, as ``National Cerebral Palsy 
        Awareness Day''; and
            (2) encourages each individual in the United States to 
        become better informed about and aware of cerebral palsy.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6953

FREDERICK R. SUMMEY,

Petitioner - Appellant,

v.

AL HAYNES, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern

District of West Virginia, at Martinsburg. John Preston Bailey,

Chief District Judge. (3:05-cv-00109-JPB)

Submitted: April 23, 2008 Decided: May 5, 2008

Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Frederick R. Summey, Appellant Pro Se. Alan Gordon McGonigal,

OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for

Appellee.

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

PER CURIAM:

Frederick R. Summey filed a petition under 28 U.S.C.

§ 2241 (2000), seeking to challenge his sentence in light of

Shepard v. United States, 544 U.S. 13 (2005). The district court

construed the § 2241 petition as a motion under 28 U.S.C. § 2255

(2000), and dismissed for lack of jurisdiction. Summey asserts

that § 2255 is inadequate and ineffective to test the legality of

his detention and contends that his claims should be considered

under § 2241 pursuant to the savings clause in § 2255. Because

Summey does not meet the standard set forth in In re Jones, 226

F.3d 328, 333-34 (4th Cir. 2000), for application of the savings

clause, we affirm the district court’s order. 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.

AFFIRMED
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

PAMELA GOOCH : 

 Plaintiff, : Case No. 2:18-cv-240 

 : 

 v. : JUDGE ALGENON L. MARBLEY 

 : 

NANCY A. BERRYHILL : Magistrate Judge 

Acting Commissioner of Social Security, : Elizabeth Preston Deavers 

 : 

 Defendant. : 

ORDER 

 This matter comes before the Court on the parties’ Joint Stipulation for Award of 

Attorney Fees. (ECF No. 24). The parties have stipulated that, under the Equal Access to Justice 

Act (EAJA), 28 U.S.C. § 2412, Plaintiff shall be awarded attorney fees in the amount of 

$2,831.00 in full satisfaction of any claims for fees, expenses, and costs under EAJA that may be 

payable in this case. 

 Any fees paid belong to Plaintiff and not Plaintiff’s attorney can be offset to satisfy 

any pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 

586 (2010). After the Court enters this award, if counsel for the parties can verify that Plaintiff 

owes no pre-existing debt subject to offset, the Defendant agrees to direct that the award be made 

payable to Plaintiff’s attorney pursuant to an EAJA assignment duly signed by Plaintiff.

IT IS SO ORDERED. 

 s/Algenon L. Marbley ___________ 

 ALGENON L. MARBLEY 

 UNITED STATES DISTRICT JUDGE 

DATED: April 16, 2019
Exhibit 32.2

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 amended Form 10-Q/A of Microtune, Inc. (the Company) for the quarter ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Jeffrey A. Kupp, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/ JEFFREY A. KUPP                                                                   
|Jeffrey A. Kupp                                                                       
|Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)

Date: January 22, 2007
Offer Letter


EXHIBIT 10.11

         

SIBLING

       GROUP HOLDINGS, INC.







June 23, 2014




Angelle Judice

5615 College Drive

Baton Rouge, LA 70806




Dear Angelle:




Sibling Group Holdings. Inc. is pleased to offer you the position of Chief Financial Officer. In this position, you will be reporting directly to the Board of Directors, with regular interface with Maurine Findley, Chief Executive Officer. The starting salary offered for this position is $4,166.67 to be paid semi-monthly. Your start date for work with Sibling Group Holdings, Inc will be July 7, 2014. This offer is not to be considered a contract guaranteeing employment for any specific duration. As an at-will employee, both you and the company have the right to terminate your employment at any time with or without cause.




Prior to your first day of employment Sibling Group Holdings, Inc. we will provide additional information about the company's objectives, policies, benefit programs, and general employment conditions. To fulfill federal identification requirements, you should bring documentation to support your identity and eligibility to work in the United States. For example, a valid U.S. passport or Alien Registration Receipt Card are acceptable documents to establish both identity and employment eligibility. Additionally, a current driver's license or voter's registration card in addition to a social security card or a certified birth certificate copy will establish identity and eligibility to work. The types of acceptable documentation are listed on the Form 1-9 of the U.S. Citizenship and Immigration Services.  Please contact me if you have any questions about which documents are acceptable to verify your identity and eligibility to work in the United States.




We are pleased to have you join our organization as a member of what we feel is a company that offers each employee an opportunity for personal and professional development If you have any questions, please do not hesitate to contact me at (512) 396-3901. I look forward to working with you in the future and hope you will find your employment a rewarding experience.




Sincerely,



Maurine Findley

Chief Executive Officer

Sibling Group Holdings, Inc.




Please indicate your acceptance by your signature and return this offer letter to me by June 25, 2014. 

Thank you.










/s/ Angelle Judice

6/23/2014

Signature

Date