alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 – OPINION AND ORDER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

KENNETH BERRY,

No. 6:15-cv-00559-PK

Petitioner,

OPINION AND ORDER 

v.

JEFF PREMO, 

 Respondent.

MOSMAN, J., 

On July 12, 2016, Magistrate Judge Papak issued his Findings and Recommendation 

[21], recommending Petitioner’s Petition for Writ of Habeas Corpus [1] should be DENIED with 

prejudice. Judge Papak recommended I issue a certificate of appealability. Petitioner objected 

[23] and Respondent responded [24]. 

DISCUSSION 

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

Case 6:15-cv-00559-PK Document 25 Filed 08/04/16 Page 1 of 2
2 – OPINION AND ORDER 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Papak’s recommendation and I ADOPT the F&R [21] 

as my own opinion. 

IT IS SO ORDERED. 

DATED this 4th day of August, 2016.

/s/ Michael W. Mosman_________

MICHAEL W. MOSMAN 

Chief United States District Judge 

Case 6:15-cv-00559-PK Document 25 Filed 08/04/16 Page 2 of 2
#### Nancy Fiesel, Appellant, v Nanuet Properties Corporation et al., Respondents, et al., Defendants.

— In a negligence action, the plaintiff appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated April 23, 1986, which denied her motion for leave to amend her complaint to add a new cause of action for punitive damages.

Ordered that the order is affirmed, with costs.

We conclude that the denial of the plaintiffs motion for leave to amend her complaint to add a cause of action for punitive damages was a proper exercise of discretion. A demand for punitive damages does not amount to a separate cause of action for pleading purposes *(see, e.g., Friar v Vanguard Holding Corp.,*78 AD2d 83, 90; *Fox v Issler,*77 AD2d 860; *Schwed v Turoff,*73 AD2d 615). Rather, punitive damages constitute "an element of the single total claim for damages” *(Gill v Montgomery Ward & Co.,*284 App Div 36, 41; *see, Mastro Jewelry Corp. v St. Paul Fire & Mar. Ins. Co.,*70 AD2d 854). Therefore, an amendment to the pleadings to add such a cause of action is precluded. As this court stated in *Perricone v City of New York*(96 AD2d 531, 533, *affd in part and appeal dismissed in part*62 NY2d 661), "to permit a new and separate claim for punitive damages violates the rule that such damages may not be sought by way of a separate cause of action” *(see also, Aetna Cas. & Sur. Co. v Hambly,*51 AD2d 790; *cf. Knibbs v Wagner,*14 AD2d 987).

Notwithstanding this defect, the plaintiffs effort to amend her complaint fails on another ground. The courts may examine the sufficiency of the pleadings on a motion to amend to determine if a claim is patently deficient and decide the issue as a threshold matter to avoid the possibility of needless litigation *(see, Sharapata v Town of Islip,*82 AD2d 350, 362, *affd*56 NY2d 332; *General Motors Acceptance Corp. v Shickler,*96 AD2d 926). We find that the proposed amended complaint lacks sufficient factual allegations to support an award of punitive damages *(see, Walker v Sheldon,*10 NY2d 401, 404). Thompson, J. P., Bracken, Rubin and Spatt, JJ., concur.
James W. Moller 

Attorney at Law 

8655 SW Citizens Drive, Ste. 104 

Wilsonville, OR 97070 

(971-224-4195 

attyjmoller@aol.com 

Of Attorneys for the Plaintiff 

Brent Wells 

HARDER, WELLS, BARON & MANNING, PC 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969 

bwells@hwbm.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

TERESA A. HISGEN, ) 

 ) Case No. 6:14-cv-01628-JE

 Plaintiff, ) 

 vs. ) 

 ) ORDER FOR PAYMENT OF ATTORNEY 

COMMISSIONER, ) FEES PURSUANT TO EAJA 

Social Security Administration , ) 

 ) 

 ) 

____________Defendant._________) 

 Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $5,746.00 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff’s attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff’s attorney if the commissioner confirms that Plaintiff owes no debt to the 

government through the federal treasury offset program. There are no costs or expenses to be 

paid herein. 

Case 6:14-cv-01628-JE Document 37 Filed 03/22/16 Page 1 of 2
Dated this day of March 2016. 

______________________________ 

U.S. District Judge/Magistrate 

PRESENTED BY: 

s/ James W. Moller 

James W. Moller 

OSB #813201 

Of Attorneys for Plaintiff 

s/ Brent Wells 

Brent Wells 

OSB #85403 

Of Attorneys for Plaintiff 

22nd

/s/ John Jelderks

XXXXXXXX Judge

Case 6:14-cv-01628-JE Document 37 Filed 03/22/16 Page 2 of 2
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IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

 COMMONWEALTH OF PENNSYLVANIA,     Respondent     v.   TYREE JOHNSON,     Petitioner 

No. 255 EAL 2015   Petition for Allowance of Appeal from the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 21st day of September, 2015, the Petition for Allowance of 

Appeal is DENIED.
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
Justices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 7, 2011

y0131 

# Order

February 7, 2011

140751

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140751 COA: 295013 Berrien CC: 80-001229-FY MICHAEL JEFFERY JOHNSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 25, 2010 order of the Court of Appeals is considered , and it is DENIED, because the defendant has
failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).
# EUR-Lex - 52006AP0257 - EN

Important legal notice

*|*

# 52006AP0257

**European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (COM(2005)0399 - C6-0256/2005 - 2005/0166(COD)) **

*
Official Journal 300 E , 09/12/2006 P. 0216 - 0230 *

P6_TA(2006)0257

European Monitoring Centre for Drugs and Drug Addiction ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (COM(2005)0399 — C6-0256/2005 — 2005/0166(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0399) [1],

- having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0256/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0124/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council and Commission.

[1] Not yet published in OJ.

--------------------------------------------------
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1765 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1765

         To suspend temporarily the duty on the chemical DEMT.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 1998

 Mr. Thompson introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
         To suspend temporarily the duty on the chemical DEMT.

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

SECTION 1. SUSPENSION OF DUTY ON DEMT.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:
      

``    9902.32.50    N,n-diethyl-m-                                                                              
                     toluidine                                                                                  
                     (DEMT) (CAS No.                                                                            
                     91-67-8)                                                                                   
                     (provided for                                                                              
                     in subheading                                                                              
                     2921.43.80)....  Free              No change         No change         On or before 12/    
                                                                                             31/2003            
                                                                                                              ''

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-31-2000
<PERIOD-START>                             SEP-01-1999
<PERIOD-END>                               AUG-31-2000
<CASH>                                       7,377,860
<SECURITIES>                                         0
<RECEIVABLES>                               49,091,520
<ALLOWANCES>                                   634,505
<INVENTORY>                                 33,962,576
<CURRENT-ASSETS>                            93,598,904
<PP&E>                                     211,486,494
<DEPRECIATION>                             108,990,502
<TOTAL-ASSETS>                             209,520,354
<CURRENT-LIABILITIES>                       33,130,720
<BONDS>                                     78,763,774
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     9,602,418
<OTHER-SE>                                  85,121,545
<TOTAL-LIABILITY-AND-EQUITY>               209,520,354
<SALES>                                    273,687,494
<TOTAL-REVENUES>                           273,687,494
<CGS>                                      208,591,121
<TOTAL-COSTS>                              208,591,121
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               121,485
<INTEREST-EXPENSE>                           5,448,817
<INCOME-PRETAX>                             22,816,077
<INCOME-TAX>                                 8,618,122
<INCOME-CONTINUING>                         14,197,955
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                14,197,955
<EPS-BASIC>                                       1.52
<EPS-DILUTED>                                     1.51


</TABLE>
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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2 

3 

4 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

5 

SEAN T. MALONEY, 

6 

Plaintiff, 

7 

v. 

8 

CAROLYN COLVIN, 

9 Acting Commissioner of Social Security, 

1 O Defendant. 

Civil No. 6: l 3-CV-0082 l -AC 

.. ORDER FOR ATTORNEY FEES 

PURSUANT TO 28 U.S.C. § 2412(D) 

11 Based upon the Stipulation of the parties, it is hereby ordered that attorney fees in th( 

12 amount of $3,968.96, and expenses in the amount of $21.43, for a total of $3,990.39, shall b( 

13 awarded to Plaintiff pursuant to 28 U.S.C. § 2412(d) (EAJA). 

14 If it is determined that Plaintiffs EAJA fees are not subject to any offset allowed unde1 

15 the Department of the Treasury's Offset Program, see Astrue v. Ratl!ff, 130 S.Ct. 2521 (20 I 0), 

16 then the check for EAJA fees shall be made payable to Dcllcrt Baird Law Offices, PLLC, based 

17 upon Plaintiffs assignment of this fee to her attorney. Any check for EAJA fees shall be mailec 

18 to Plaintiffs counsel at Deller! Baird Law Offices, PLLC, P.O. Box 3757, Silverdale, WA_ 

19 98383. 

20 

21 

22 

23 

IT JS SO ORDERED~ 

DA TED this / U 

Page I ORDER 

[6: I 3-CV-00821-AC] 

day of 0~)£y- ,2014. 

cZCltUNITE[> ;'r A TES MAGISTRATE JUDGE 

!j 

Case 6:13-cv-00821-AC Document 21 Filed 10/10/14 Page 1 of 1
EXHIBIT
32.1
 
 
 STATEMENT
REQUIRED BY 18 U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO SECTION 906
 OF
THE SARBANES-OXLEY ACT OF 2002
 
 
 In
connection with the Annual Report on Form 10-KSB of China Digital Media
Corporation (the "Company") for the year ended December 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Ng
Chi Shing, Chief Executive Officer, and Li Wa Tat, Chief Financial Officer of
the Company, certify that:
  
 ·
              the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and
 
 ·
              information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.
 
  /s/ Ng
Chi Shing
 ------------------------
 Ng Chi
Shing
 Director,
President and Chief Executive Officer
 
 April 14,
2008
 
 /s/ Ng
Chi Shing
 ---------------------------------
 Ng Chi
Shing Chief Financial Officer
 
 April 14,
2008
   This
certification accompanies this Report pursuant to Section 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
Section 18 of the Securities Exchange Act of 1934, as
amended.
II

105TH CONGRESS

2D SESSION S. 1607

To direct the Secretary of the Army to carry out an environmental restoration

and enhancement project at the Eastern Channel of the Lockwoods

Folly River, Brunswick County, North Carolina.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1998

Mr. FAIRCLOTH introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To direct the Secretary of the Army to carry out an environmental restoration and enhancement project at the Eastern Channel of the Lockwoods Folly River, Brunswick

County, North Carolina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LOCKWOODS FOLLY RIVER, BRUNSWICK COUN4 TY, NORTH CAROLINA.

5 (a) IN GENERAL.—The Secretary of the Army shall

6 carry out a project under section 1135 of the Water Re7 sources Development Act of 1986 (33 U.S.C. 2309a) at
2

•S 1607 IS

1 the Eastern Channel of the Lockwoods Folly River,

2 Brunswick County, North Carolina.

3 (b) PROJECT FEATURES.—In carrying out the

4 project under subsection (a), the Secretary shall—

5 (1) open the Old Eastern Navigation Channel

6 at the mouth of the Lockwoods Folly River in

7 Brunswick County, North Carolina; and

8 (2) partially close the ocean channel between

9 the west end of Sheep Island and the northeast

10 point of Holden Beach.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $5,000,000, to remain available until expended.

Æ