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

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

FORWARD AIR INC., et al., 

Plaintiffs, 

 Civil Action 2:18-cv-744 

 Judge Algenon L. Marbley 

v. Magistrate Judge Chelsey M. Vascura 

 

HUNTER LOGISTIC 

SERVICES, INC., et al., 

Defendants. 

REPORT AND RECOMMENDATION 

This matter is before the United States Magistrate Judge for a Report and 

Recommendation on the Court’s March 11, 2019 Show Cause Order and Notice of Deficiency. 

(ECF No. 56.) For the reasons that follow, it is RECOMMENDED that Plaintiff’s claims 

against Defendant Hunter Logistic Services, Inc. be DISMISSED WITHOUT PREJUDICE

pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. 

Plaintiffs filed this action on July 31, 2018, against several defendants, including Hunter 

Logistic Services, Inc. (“Hunter Logistic”). (ECF No. 1.) The docket indicates that Plaintiffs 

effected service of process over Defendant Hunter Logistic on October 29, 2018. (ECF No. 

44.) When Defendant Hunter Logistic failed to timely file an answer, Plaintiffs applied for and 

obtained an entry of default from the Clerk pursuant to Federal Rule of Civil Procedure 55(a). 

Plaintiffs, however, did not file a motion for default judgment. On March 11, 2019, the Court 

ordered Plaintiffs to show cause why the claims against Defendant Hunter Logistic should not be 

dismissed for want of prosecution within fourteen days of the Show Cause Order unless they had 
filed a motion for default judgment in the interim. (ECF No. 56.) 

To date, Plaintiffs have not responded to the Show Cause Order and have not filed a 

motion for default judgment against Hunter Logistic. It is therefore RECOMMENDED that this 

action be DISMISSED WITHOUT PREJUDICE against Hunter Logistic pursuant to Rule 

41(b) for failure to prosecute. 

PROCEDURE ON OBJECTIONS 

If any party objects to this Report and Recommendation, that party may, within fourteen 

(14) days of the date of this Report, file and serve on all parties written objections to those specific 

proposed findings or recommendations to which objection is made, together with supporting 

authority for the objection(s). A Judge of this Court shall make a de novo determination of those 

portions of the Report or specified proposed findings or recommendations to which objection is 

made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or 

in part, the findings or recommendations made herein, may receive further evidence or may 

recommit this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). 

The parties are specifically advised that failure to object to the Report and 

Recommendation will result in a waiver of the right to have the District Judge review the Report 

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of 

the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

IT IS SO ORDERED. 

 /s/ Chelsey M. Vascura 

CHELSEY M. VASCURA 

UNITED STATES MAGISTRATE JUDGE
#### Green *v.*Green. Denson *v.*Bird.

4-7986

197 S. W. 2d 291

Opinion delivered November 18, 1946.

*W. E. Haynie,*for appellant.

*J. Bruce Streett,*for appellee.

Smith, J.

Rule Nine of this court requires an appellant to file an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies for a reversal of the judgment from which the appeal was taken, together with such other statements from the record as are necessary to a full understanding of all questions presented to this court for decision.

In this case no serious attempt was made to comply with this rule, indeed there is a total failure to do so.

The appeal must, therefore, be dismissed for this reason, and it is so ordered.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION (COLUMBUS)

D.S., et al. )

Plaintiffs, )

v. ) Case No. 2:18-cv-00416-ALM-KAJ

Sequel Pomegranate Health Systems, LLC ) Judge Marbley

Defendant. ) Magistrate Jolson

STIPULATION OF DISMISSAL 

The Parties, by and through their undersigned counsel and pursuant to Fed. R. Civ. P. 

41(a)(1)(A)(ii), hereby stipulate to the dismissal of the above-captioned matter with prejudice. This 

dismissal includes the dismissal of all claims that were or could have been alleged in connection 

with this civil action. All costs have been paid. 

 Respectfully submitted,

/s/ Erica Ann Probst (per email auth. 11/15/18)

_____________________________________

Erica Ann Probst (0073486) (Trial Attorney)

Kemp, Schaeffer & Rowe Co., L.P.A.

88 West Mound Street

Columbus, OH 43215

(614) 224-2678 (Telephone)

(614) 469-7170 (Facsimile)

Erica@ksrlegal.com

Counsel for Plaintiffs

/s/ Matthew L. Schrader

_____________________________________

Matthew L. Schrader (0074230) (Trial 

Attorney)

Reminger Co., L.P.A.

200 Civic Center Drive, Suite 800

Columbus, OH 43215

(614) 232-2631 (Direct Dial)

(614) 232-2410 (Facsimile)

mschrader@reminger.com

Counsel for Defendant

Sequel Pomegranate Health Systems, LLC

Case: 2:18-cv-00416-ALM-KAJ Doc #: 21 Filed: 11/15/18 Page: 1 of 2 PAGEID #: 126
2

CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing was served using the Court’s CM/ECF 

system on November 15, 2018 and that notification of such filing will be made by the CM/ECF 

system on all counsel of record. 

/s/ Matthew L. Schrader

______

Matthew L. Schrader (0074230)

Case: 2:18-cv-00416-ALM-KAJ Doc #: 21 Filed: 11/15/18 Page: 2 of 2 PAGEID #: 127
#### Bobby James ROBERTS v. STATE of Arkansas

CR 86-4

707 S.W.2d 324

Supreme Court of Arkansas

Opinion delivered April 28, 1986

*641Appellant, *pro se.*

*Steve Clark,*Att’y Gen., by: *Theodore Holder,*Asst. Att’y Gen., for appellee.

Per Curiam.

In the motion before us Bobby James Roberts, a prison inmate who is proceeding *pro se*on appeal, requests permission to file a belated brief. The appeal is from an Order of the circuit court denying Roberts’ motion for transcript. Appellant contends that the delay in submitting his brief occurred because he did not have access to a typewriter, and, as a result, he had to send the brief to the attorney for inmates for typing.

The brief in question was typed when it was originally received, but it was not filed because it did not conform to the rules of this Court. Among the many deficiencies in the brief, it lacked a statement of the case, points for reversal and an abstract of the record.* We hold all litigants to the abstracting requirements of Rule 9 of the Rules of the Arkansas Supreme Court and Court of Appeals, including those proceeding *pro se. Bryant*v. *Lockhart,*288 Ark. 302, 705 S.W.2d 9 (1986). Appellant has not corrected the brief, but has merely submitted it again with the motion for permission to file it late.

Since the brief as submitted is grossly deficient, it could not be filed even if appellant had given a good reason for submitting it late. We have said that counsel will be appointed upon proper motion for the *pro se*appellant in a criminal case who is unable to produce an acceptable *pro se*brief. *Green*v. *State,*277 Ark. 129, 639 S.W.2d 512 (1982). Appellant has not requested appointment of counsel and remains responsible for *642filing a suitable brief.

Motion denied.

Purtle, J., not participating.

*

 The content of the brief is of some concern as it pertains to a separate petition for postconviction relief which was also denied by the trial court, rather than the motion for transcript which is the actual subject of the instant appeal.
Case: 1:18-cv-00508-MRB Doc #: 2-1 Filed: 07/25/18 Page: 1 of 5  PAGEID #: 38

Case: 1:18-cv-00508-MRB Doc #: 2-1 Filed: 07/25/18 Page: 2 of 5  PAGEID #: 39

Case: 1:18-cv-00508-MRB Doc #: 2-1 Filed: 07/25/18 Page: 3 of 5  PAGEID #: 40

Case: 1:18-cv-00508-MRB Doc #: 2-1 Filed: 07/25/18 Page: 4 of 5  PAGEID #: 41

Case: 1:18-cv-00508-MRB Doc #: 2-1 Filed: 07/25/18 Page: 5 of 5  PAGEID #: 42
<PAGE>
                                                                    EXHIBIT 99.2


     The undersigned hereby certifies that he is the duly appointed and acting
Chief Financial Officer of the Company, and hereby further certifies as follows.

         1. The Annual Report on Form 10-KSB for the fiscal year ended June 30,
2002, as amended, which this certificate accompanies fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.

2. The information contained in the Annual Report on Form 10-KSB for the fiscal
year ended June 30, 2002, as amended, which this certificate accompanies, fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

     In witness whereof, the undersigned has executed and delivered this
certificate as of the date set forth opposite his signature below.

                                     /s/ Philip Waltrip
                                    --------------------------------------
                                     Philip Waltrip
                                     Vice President, Chief Financial Officer and
                                     Assistant Secretary

Date:  9/30/02
Exhibit
10.1


 


Equity
Exchange Agreement


 


Effective
Date: October 6, 2015


 


WHEREAS,
Michael Hanson has agreed to surrender or return a total of 382,809 of common stock to the Company;


 


WHEREAS,
in consideration of Michael Hanson surrendering or returning a total of 382,809 shares of common stock to the Company, the Board
deems it advisable to issue Michael Hanson a warrant to purchase 756,618 shares of the Company’s common stock with an exercise
price of $1.35 and be 100% vested on the grant date and have a 5 year term from the grant date to exercise such options. ;


 


NOW,
THEREFORE, BE IT HEREBY RESOLVED, that the officers of the Company are authorized and execute and grant, on behalf of the Company,
a warrant to purchase 756,618 share of the Company’s common stock in consideration of Michael Hanson surrendering or returning
a total of 382,809 shares of the Company’s common stock.


 


RESOLVED
FURTHER, that the officers of the Company are authorized and directed to execute and cause to be filed such consents to service
of process, powers of attorney, applications, and other documents with any state authorities, and to take such other actions as
the officers determine to be necessary or appropriate to register or qualify the securities of the Company, issued pursuant to
any conversion or exercise of the Warrants, under applicable securities or Blue Sky laws;


 


RESOLVED
FURTHER, that the officers of the Company are authorized and directed to take all such further actions, and to execute and deliver
on behalf of the Company, such other agreements, instruments and documents and to pay such fees and expenses, as any of them may
deem necessary, proper or advisable to give effect to, or otherwise in connection with, the foregoing resolutions; and


 


RESOLVED
FURTHER, that any and all actions taken by the officers of the Company in connection with the foregoing and within the authority
conferred therein is hereby acknowledged, approved, ratified and confirmed in all respects.


 


	Holder:	 	Cachet
    Financial Solutions Inc.
	 	 	 	a
    Minnesota corporation
	 	 	 	 	 
	By:	/s/
    Michael J. Hanson	 	By:	/s/
    Jeffrey C. Mack
	 	Michael
    J. Hanson	 	 	Jeffrey
    C. Mack
	 	 	 	 	Chief
    Executive Officer
	 	 	 	 	 
	 	 	 	Cachet
    Financial Solutions, Inc.
	 	 	 	a
    Delaware corporation
	 	 	 	 
	 	 	 		
	 	 	 	 	Jeffrey
    C. Mack
	 	 	 	 	Chief
    Executive Officer
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Page 4634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01742]



[[Page 4634]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: NIGMS Initial Review Group Training and 
Workforce Development Study Section--D Review of Bridges to the 
Baccalaureate Applications.
    Date: March 3, 2022.
    Time: 10:30 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Bethesda, MD 20892 (Video Meeting).
    Contact Person: Tracy Koretsky, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, 45 Center Drive, 
MSC 6200, Room 3AN.12F, Bethesda, MD 20892, (301) 594-2886, 
<a href="/cdn-cgi/l/email-protection#13676172706a3d787c61766760786a537d7a7b3d747c65"><span class="__cf_email__" data-cfemail="d5a1a7b4b6acfbbebaa7b0a1a6beac95bbbcbdfbb2baa3">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.859, 
Pharmacology, Physiology, and Biological Chemistry Research; 93.859, 
Biomedical Research and Research Training, National Institutes of 
Health, HHS)

    Dated: January 24, 2022.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-01742 Filed 1-27-22; 8:45 am]
BILLING CODE 4140-01-P


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<PAGE>

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 Aethlon Medical, Inc. Quarterly Report on Form 10-QSB for
the quarter ended December 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof, I, James W. Dorst, 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, 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: February 13, 2006

By: /s/ James W. Dorst
    -----------------------
    James W. Dorst
    Chief Financial 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.


                                       22
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1 D 2 0 2 3

- 237 0

_____________________________
L OUIS R OGERS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Jason Lee Jones , Judge

.

July 29, 2024

P ER C URIAM

.
A FFIRMED

.
B.L. T HOMAS , N ORDBY , and T ANENBAUM , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Louis Rogers
, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-50924

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE FREDY MARTINEZ-ZELAYA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-00-CR-322-ALL-WWJ

- - - - - - - - - -

June 15, 2001

Before WIENER, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Jose Fredy Martinez-Zelaya appeals his sentence following

his guilty plea conviction for illegal re-entry after deportation

in violation of 8 U.S.C. § 1326. Martinez argues that his

sentence should not have exceeded the two-year maximum sentence

under 8 U.S.C. § 1326(a). Martinez acknowledges that his

argument is foreclosed by Almendarez-Torres v. United States, 523

U.S. 224 (1998), but he seeks to preserve the issue for Supreme

Court review in light of Apprendi v. New Jersey, 530 U.S. 466

(2000). 
No. 00-50924

- 2 -

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). 

Martinez’s argument is foreclosed by Almendarez-Torres, 523 U.S.

at 235. 

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is granted.

AFFIRMED; MOTION GRANTED.
p.1 

OAR Box 1778 

Prepped by Ollie Stewart 

Document Number: 

211) II-J-4 

Docket Number: 

A-90-06 

Printed 10/28/2008 9:51:01 AM Sheet 211 of 276 
\4i 22\, 

' I P 

A copy of this item is temporarily unavailable 

AA H 

II-J-4 

P.2
Exhibit 32.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, I, Thomas J. Diemer, Executive Vice President and Chief Financial Officer of Prudential
Annuities Life Assurance Corporation (the Company), hereby certify that the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: May 14, 2010



/s/    Thomas J. DiemerName:

Thomas J. DiemerTitle:

Executive Vice President and Chief Financial Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the
Report or as a separate disclosure document.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOSE ARANDA,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-1276

[August 16, 2018]

Appeal of order denying rule 3.800 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, 

Judge; L.T. Case No. 2013CF004688.

Jose Aranda, Arcadia, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

TAYLOR, CIKLIN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED BALANCE SHEETS AS OF JUNE 30, 1999 AND DECEMBER 31, 1998, AND THE
CONDENSED STATEMENTS OF OPERATIONS FOR THE THREE AND SIX MONTHS ENDED JUNE 30,
1999 AND 1998.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             961
<SECURITIES>                                         0
<RECEIVABLES>                                    8,946
<ALLOWANCES>                                     (615)
<INVENTORY>                                      1,045
<CURRENT-ASSETS>                                24,354
<PP&E>                                          13,995
<DEPRECIATION>                                 (9,866)
<TOTAL-ASSETS>                                  32,131
<CURRENT-LIABILITIES>                           15,472
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           125
<OTHER-SE>                                      16,266
<TOTAL-LIABILITY-AND-EQUITY>                    32,131
<SALES>                                         22,460
<TOTAL-REVENUES>                                22,460
<CGS>                                           20,836
<TOTAL-COSTS>                                   24,870
<OTHER-EXPENSES>                                   381
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 287
<INCOME-PRETAX>                                (2,791)
<INCOME-TAX>                                   (1,033)
<INCOME-CONTINUING>                            (1,758)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,758)
<EPS-BASIC>                                     (0.14)
<EPS-DILUTED>                                   (0.14)


</TABLE>
**EXHIBIT 23**

**CONSENT OF INDEPENDENT PETROLEUM ENGINEERS**

Cross Timbers Royalty Trust 

Dallas, Texas: 

The firmof Miller and Lents, Ltd. consents to the references to our firm in the form and context in which they appear in the Annual Report on Form 10-K of Cross Timbers Royalty Trust for the year ended December 31, 2005. We further consent to theincorporation by reference in the Registration Statement No. 33-55784 on Form S-8 and Registration Statement No. 333-91460 on Form S-8 of XTO Energy Inc. 

MILLER AND LENTS, LTD. 

July 28, 2006
<PAGE>
                                                                    EXHIBIT 23.2

                          INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
333-90667 on Form S-3 and Registration Statements Nos. 33-11161, 33-22862,
33-31116, 33-31117, 33-50608, 33-50610, 33-56707, 333-01409, 333-31369,
333-31670, 333-31371, 333-61843, 333-70323, 333-89231 and 333-43238 on Form S-8
of Ascential Software Corporation (formerly Informix Corporation) of our report
dated January 28, 2000 (March 1, 2000 as to Note 1, Merger with Informix
Corporation) (relating to the consolidated financial statements of Ardent
Software, Inc. and subsidiaries, which report expresses an unqualified opinion
and contains an explanatory paragraph relating to the merger of Ardent Software,
Inc. and subsidiaries into Informix Corporation on March 1, 2000), appearing in
the Annual Report on Form 10-K of Ascential Software Corporation for the year
ended December 31, 2001.



Deloitte & Touche LLP
Boston, Massachusetts
March 28, 2002