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

JEFFREY ANTONIO BROWN EL, 

 Petitioner, : Case No. 3:17-cv-80 

 District Judge Thomas M. Rose 

- vs - Magistrate Judge Michael R. Merz 

WARDEN, Warren Correctional Institution, 

 Respondent. : 

RECOMMITTAL ORDER 

 

This case is before the Court on Petitioner’s Objections (ECF Nos. 57, 58) to the 

Magistrate Judge’s Decision and Orders (ECF Nos. 48, 52). 

The District Judge has preliminarily considered the Objections and believes they will be 

more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, 

pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with 

instructions to file a report analyzing the Objections and making recommendations based on that 

analysis. 

May 16, 2018 *s/Thomas M. Rose 

Thomas M. Rose 

United States District Judge
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

DAYMOND HAYWOOD,

Petitioner,

vs.

C/O FRI, et al.,

Respondent.

:

:

:

:

:

:

:

:

:

 Case No. 1:18-cv-361

 Judge Timothy S. Black

 Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY 

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 3) AND

TERMINATING THIS CASE IN THIS COURT

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Litkovitz. Pursuant to such reference, the Magistrate Judge 

reviewed the pleadings filed with this Court and, on August 16, 2018, submitted a Report 

and Recommendation. (Doc. 3). No objections were filed.

 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo 

all of the filings in this matter. Upon consideration of the foregoing, the Court does 

determine that the Report and Recommendation should be and is hereby ADOPTED in 

its entirety. 

Accordingly, for the reasons stated above:

1) Petitioner’s case is DISMISSED for want of prosecution. 

2) The Clerk shall enter judgment accordingly, whereupon this case is 

TERMINATED from the docket of this Court.
2

IT IS SO ORDERED.

Date: 

Timothy S. Black

United States District Judge

10/3/18
Case 1:01-cv-00109-SSB     Document 88      Filed 12/08/2004     Page 1 of 2

Case 1:01-cv-00109-SSB     Document 88      Filed 12/08/2004     Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
STANLEY FURNITURE COMPANY, INC.
ARTICLE 5
FINANCIAL DATA SCHEDULE
FOR PERIOD ENDING DECEMBER 31, 1996
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                            8126
<SECURITIES>                                         0
<RECEIVABLES>                                    23096
<ALLOWANCES>                                      1945
<INVENTORY>                                      40239
<CURRENT-ASSETS>                                 73833
<PP&E>                                           52713
<DEPRECIATION>                                    4774
<TOTAL-ASSETS>                                  141510
<CURRENT-LIABILITIES>                            27608
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            91
<OTHER-SE>                                       61526
<TOTAL-LIABILITY-AND-EQUITY>                    141510
<SALES>                                         201905
<TOTAL-REVENUES>                                201905
<CGS>                                           153332
<TOTAL-COSTS>                                   183735
<OTHER-EXPENSES>                                   616
<LOSS-PROVISION>                                   860
<INTEREST-EXPENSE>                                3344
<INCOME-PRETAX>                                  14210
<INCOME-TAX>                                      5470
<INCOME-CONTINUING>                               8740
<DISCONTINUED>                                   (246)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      8986
<EPS-PRIMARY>                                     1.82
<EPS-DILUTED>                                     1.76
        

</TABLE>
AO 442 {Rev. 11/11) Arrest Warrant FILED

RICHARn w MAf-n

United States District Court

CLtiRK Of court

2QIBJUL30 AM 10: 35

U.S. DISTRICT COURT

SOUTHERN DIST OHIO

WEST DIV CIHCfHN'Mi

United States ofAmerica

V.

PHYLLIS RICCI QUINCOCES,

a/k/a "Faith Ashford"

a/k/a "Grace Rubestelio"

a/k/a "Phyllis Ricci"

Defendant

for the

Southern District ofOhio

Case No. 1:18-cr-109(3)

Honorable Timothy S. Black

rUNDER SEAU

AMENDED ARREST WARRANT

To: Any authorized law enforcement officer

Co

0

O

—I

1

•c-

~o

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unne(«ssary delay

(name o/person to be arrested) PHYLLIS RICCI QUINCOCES

who is accused of an offense or violation based on the following document filed with the court:

sT Indictment • Superseding Indictment • Information • Superseding Information • Complaint

CJ Probation Violation Petition • Supervised Release Violation Petition • Violation Notice O Order ofthe Court

This offense is briefly described as follows:

Date: 07/27/2018

18 U.S.C. § 1962(d) - Conspiracy to Participate in Racketeering Activity

[SEE ATTACHED INDICTMENT]

Issuingofficer'ssignal

Richard W. Nagel, Clerk, U.S.

Printed name and title

City and state: CINCINNATI, OHIO

Return

-<E&-

This warrant was received on (date)

at (city and state)

, and the person was arrested on (date)

Date: Olt- ijlAVArresting officer'ssignature

Printed name and tide

Case: 1:18-cr-00109-TSB Doc #: 62 Filed: 10/04/18 Page: 1 of 1 PAGEID #: 455
**Exhibit 31.1**

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

I, Richard E. Lundin, as Chief Executive Officer of Da-Lite Screen Company, Inc.,certify that: 

1. I have reviewed this quarterly report on Form 10-Q of Da-Lite Screen Company, Inc.; 

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, inlight of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on myknowledge, 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 periodspresented in this report; 

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

(a) Designed such disclosure controlsand 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 withinthose entities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of theregistrant’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

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’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 overfinancial reporting; and 

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

(a) Allsignificant 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 financialinformation; and 

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

Date: July 31, 2007
1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION AT COLUMBUS

DANIEL B. BRAGG,

Petitioner, : Case No. 2:18-cv-762

- vs - District Judge Algenon L. Marbley

Magistrate Judge Michael R. Merz

CHARLES BRADLEY, Warden,

 Pickaway Correctional Institution

:

Respondent.

REPORT AND RECOMMENDATIONS

This habeas corpus case is before the Court on Petitioner’s Motion for Relief from 

Judgment under Fed.R.Civ.P. 60(b)(2)(ECF No. 12).

The Motion correctly identifies the relevant judgment which is this Court’s Judgment 

dismissing the case on June 3, 2019 (ECF No. 8). Petitioner also avers that he has newlydiscovered evidence which could not have been discovered within the time to file a motion for 

new trial under Fed.R.Civ.P. 59(b). However, Bragg does not tell the Court what that evidence is 

or why it could not have been discovered within the 59(b) limit. Moreover, neither a trial nor any 

evidence-taking proceeding was held in this Court prior to judgment.

Because Bragg has not met the requirements of Fed.R.Civ.P. 60(b)(2), his Motion should 

be denied. Because there a one-year time limit on motions for relief from judgment under Rule 

60(b)(2) and Bragg filed on the anniversary of judgment, any renewed motion under 60(b)(2) 

would be untimely. Because reasonable jurists would not disagree with this conclusion, it is also 

recommended that Petitioner be denied a certificate of appealability and that the Court certify to 

Case: 2:18-cv-00762-ALM-MRM Doc #: 13 Filed: 06/05/20 Page: 1 of 2 PAGEID #: 63
2

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

proceed in forma pauperis. 

June 5, 2020.

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. Because this document is being served by mail, three days are added under 

Fed.R.Civ.P. 6. 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. 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. 

Case: 2:18-cv-00762-ALM-MRM Doc #: 13 Filed: 06/05/20 Page: 2 of 2 PAGEID #: 64
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO

Daphne Davis, )
)
Plaintiff, ) Civil Action No: 3:18-cv-00253
)
v. )
) Judge Rose

Nancy A. Berryhill, )

Acting Commissioner ) Magistrate Judge Ovington
of Social Security, )
)
Defendant. )

ORDER

This matter coming before the Court on Defendant’s Unopposed Motion to
Withdraw Motion to Dismiss and for Leave to File the Certified Administrative
Record, and for good cause shown, the Court hereby ORDERS as follows:

Defendant’s Unopposed Motion to Withdraw Motion to Dismiss is granted and
Defendant is ordered to file the certified administrative record within twenty-one (21)

days of this Order.

Date: LO-/ -[f Entered: Z L, a L - z
IN THE DISTRICT COURT OF APP EAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

COLLEEN GRIFFITH AND PATRICK J. DEESE, ESQ., Appellants, CORRECTED v. Case No. 5D15-486 RAMZEY'S A PLUS, INC. D/B/A QABLAWI AUTO SALES, Appellee. ________________________________/ Opinion filed March 4, 2016

A ppeal from the Circuit Court for Brevard County, George B. Turner, Judge. Patrick J. Deese, of Law Offices of Patrick J. Deese, P.A., Melbourne, for Appellants. Thomas H. Yardley, Cocoa, for Appellee.

PER CURIAM. Colleen Griffith and her attorney, Patrick J. Deese, appeal th e trial court’s order assessing attorney’s fees against them under Florida Rule of Ci vil Procedure 1.380(a)(4). We affirm. Griffith, on Deese’s advice, refused to answer a deposition qu estion, asserting that the question was irrelevant and an improper hypothetical. On appeal, Griffith and2 Deese claim that the trial court improperly sanctioned them wit hout making the findings required by Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). We disagree. Kozel applies when the trial court dismisses a case or claim, enters a default, or strikes pleadings as a sanction. It does not apply when expenses are a ssessed, as here, under rule 1.380(a)(4).

AFFIRMED.

ORFINGER, COHEN and LAMBERT, JJ., concur.
<PAGE>



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 Aethlon Medical, Inc. Quarterly Report on Form 10-QSB for
the quarter ended June 30, 2006 as filed with the Securities and Exchange
Commission on the date hereof, I, James A. Joyce, Chief Executive 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, to the best of my
knowledge:

1. Such quarterly 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 such Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of Aethlon Medical, Inc.

Date: August 11, 2006.

By: /s/ James A. Joyce
    -----------------------
    James A. Joyce
    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 Aethlon Medical, Inc. and will be
retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
#### Mutual Benefit Health & Accident Association *v.*Hunnicutt.

*Robinson, House <$> Moses*and *Chas. Q. Kelley,*for appellant.

*II. G. Wade,*for appellee.

Peb CuRIam.

Mutual Benefit Health and Accident Association has been granted an appeal on January 16, 1930, from a judgment rendered against it in the circuit court on the 22d day of July, 1929, in favor of James E. Hunnicutt for $2,740. On August 6, 1929, James E. Hunnicutt transferred said judgment to H. G-. Wade for value received. The transfer or sale was duly signed by said James E. Hunnicutt, and acknowledged by him before a justice of the peace on the same day. The said *695written assignment of the judgment was filed for record in the circuit clerk’s office on the 18th day of January, 3930, and duly recorded. The original assignment was placed in the files of the case in the circuit court which rendered the judgment.

James E. Hunnicutt died intestate on October 15, 1929. Letters of administration were duly granted by the clerk of the probate court upon his estate on the 8th day of April, 1930.

Upon motion of appellant to revive the case in the name of the proper party succeeding to the interest of James E. Hunnicutt in the judgment, each of these parties claimed to be the successor in interest. -Said adminis-tratrix denies the validity of the assignment to Wade. The latter alleges that the administratrix has no interest in the matter, and that she was divorced from Hunnicutt when the assignment was made.

We cannot try this disputed question of fact. Section 6303 of the Digest provides for the transfer or sale of judgments. Its provisions were complied with, and Wade thereby became the real party in interest in the action before the death of Hunnicutt, and before the appeal was taken; and thereby became the successor itj interest to James E. Hunnicutt.

Where the interests of a party to an appeal devolve upon another, whether by operation of law or 'by act of the parties, a person acquiring such interests will usually be allowed to be substituted, and to prosecute or defend I he appeal in place of the original party, if the proper steps are taken in accordance with the practice in the particular jurisdiction. 3 C. J. p. 1031.

Under our Code, actions must be .prosecuted in the name of the real party in interest. Crawford & Moses’ Digest, § 1089. Here Wade succeeded to the rights of Hunnicutt before his death, and is entitled to defend on the appeal. Of course, the administratrix may proceed by action in a court of competent* jurisdiction to have the assignment to Wade set aside on the ground of fraud; *696but,- until that is done, Wade has the right to be substituted as a party to the appeal. It is so ordered.
Case 1:00-cr-00094-HJW Document 127 Filed 10/18/2006 Page 1 of 1
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 on Form 10-Q of Da-Lite Screen Company, Inc. (the Company) for the period ending September 26,
2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard E. Lundin, as Chief Executive Officer of the Company, certify, pursuant to and for purposes of 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.



/s/ Richard E. LundinRichard E. LundinChief Executive OfficerOctober 28, 2008




23
EXHIBIT 15



Bank of America, N.A. as
Trustee  for the Cross Timbers Royalty Trust:



We are
aware that XTO Energy Inc. and Cross Timbers Royalty Trust have incorporated by reference in Registration Statement No. 333-56983 on Form S-3, and that XTO Energy Inc. has incorporated by reference in its Registration Statement Nos. 33-55784
and 333-91460 on Form S-8, Cross Timbers Royalty Trusts Form 10-Q for the quarter ended March 31, 2003, which includes our report dated April 30, 2003, covering the unaudited interim financial information contained therein. Pursuant to
Regulation C of the Securities Act of 1933, that report is not considered a part of the registration statement prepared or certified by our firm or a report prepared or certified by our firm within the meaning of Sections 7 and 11 of the Act.





KPMG LLP



Dallas, Texas

May 6, 2003
EXHIBIT 99.2


                    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 accompanying Annual Report on Form 10-K for the
period ended December 31, 2002 (the "Report") of Airlease Ltd., A California
Limited Partnership (the "Partnership"), I, Robert A. Keyes, Chief Financial
Officer of Airlease Management Services, Inc., the General Partner of the
Partnership, hereby 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 Partnership.


Dated: March 25, 2003                            /s/ ROBERT A. KEYES
                                                 _______________________________
                                                     Robert A. Keyes
                                                     Chief Financial Officer
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

HUBERT LOWE, : Case No. 1:18-cv-92

:

Plaintiff, : Judge Timothy S. Black 

: Magistrate Judge Karen L. Litkovitz

vs. :

:

STATE OF OHIO, et al., :

:

Defendants. :

DECISION AND ENTRY 

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4)

This case is before the Court pursuant to the Order of General Reference to 

United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the 

Magistrate Judge reviewed the pleadings filed with this Court and, on February 21, 2018,

submitted a Report and Recommendation. (Doc. 4). On March 9, 2018, Plaintiff filed a 

“motion to recant” indicating his acknowledgement of the fact that his claims are time 

barred and his desire to withdraw his claims.

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo 

all of the then-pending filings in this matter. Upon consideration of the foregoing, the

Court does determine that such Report and Recommendation should be and is hereby 

ADOPTED in its entirety. 
2

Accordingly, IT IS ORDERED that Plaintiff’s complaint (Doc. 3) is 

DISMISSED WITH PREJUDICE. The Clerk shall enter judgment accordingly, 

whereupon this case shall be TERMINATED from the docket of this Court.

IT IS SO ORDERED. 

Date: ________________________ 

 Timothy S. Black 

 United States District Judge 

5/21/18 ____________________

Timothy S. Black