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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LeKENDRICK LAWUN MURPHY,

Plaintiff,

Case No. 08-14141

v. Hon. Gerald E. Rosen

DANIEL GAUL,

Defendant.

_________________________________/

ORDER OF DISMISSAL UNDER 28 U.S.C. § 1915(e)(2)(B)

At a session of said Court, held in

the U.S. Courthouse, Detroit, Michigan

on November 12, 2008 

PRESENT: Honorable Gerald E. Rosen

United States District Judge

Plaintiff LeKendrick Lawun Murphy submitted his pro se complaint in this case on

September 26, 2008, apparently alleging that Defendant Daniel Gaul, a state court judge

in Ohio, made rulings that violated Plaintiff’s right to a speedy trial as well as other rights

protected under the U.S. Constitution or federal law. Accompanying Plaintiff’s complaint

was an application to proceed in forma pauperis, which this Court has now granted. 

Having reviewed the allegations of Plaintiff’s now-filed complaint, the Court readily

concludes that this suit must be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B).

Under § 1915(e)(2)(B)(i), upon permitting a plaintiff to proceed in forma pauperis,

the Court nevertheless may “dismiss the case at any time if the court determines that . . .
2

the action . . . is frivolous.” See also Gibson v. R.G. Smith Co., 915 F.2d 260 (6th Cir.

1990). The Supreme Court has defined a “frivolous” action as one which “lacks an

arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.

Ct. 1827, 1831-32 (1989). The present suit is readily characterized as frivolous under this

standard, where Plaintiff complains solely of actions taken by a state court judge who

enjoys broad and absolute immunity from liability for actions taken in his judicial

capacity. See Stern v. Mascio, 262 F.3d 600, 606-07 (6th Cir. 2001). To the extent that

Plaintiff is dissatisfied with a state court’s rulings, his proper recourse is a state court

appeal, and not a separate federal suit against the presiding judge. Moreover, while

Plaintiff purports to assert a claim under 18 U.S.C. § 241, the courts have confirmed that

there is no private right of action under this criminal statute. See, e.g., Krajicek v. Justin,

No. 98-1249, 1999 WL 195734, at *1 (6th Cir. Mar. 23, 1999).

For these reasons,

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, and DECREED

that this case is DISMISSED under 28 U.S.C. § 1915(e)(2)(B).

Dated: November 12, 2008

s/Gerald E. Rosen 

United States District Judge
3

I hereby certify that a copy of the foregoing document was served upon counsel of record

on November 12, 2008, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry 

Case Manager
[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1701]



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

DEPARTMENT OF ENERGY
[Docket No. RP96-63-001]


Iroquois Gas Transmission System, L.P.; Notice of Proposed 
Changes in FERC Gas Tariff

January 24, 1996.
    Take notice that on January 16, 1996, Iroquois Gas Transmission 
System, L.P. (Iroquois) tendered for filing to become part of its FERC 
Gas Tariff, First Revised Volume No. 1, the following revised tariff 
sheets, with a proposed effective date of January 1, 1996:

Substitute First Revised Sheet No. 38
Substitute Original Sheet No. 57B
Substitute Third Revised Sheet No. 59
Substitute Original Sheet No. 59A
Substitute Second Revised Sheet No. 60
Substitute First Revised Sheet No. 61

    Iroquois states that the purpose of the instant filing is to comply 
with the Commission's December 29, 1995 order conditionally accepting 
certain tariff sheets filed on November 30, 1995. The revised tariff 
sheets reflect when sharing of revenues under Rate Schedule PAL will 
begin and clarify that 25 MDT of system linepack flexibility will be 
reserved for point operators that receive service under operational 
balancing agreements.
    Iroquois states that copies of its filing were served on all 
parties to the proceeding as well as all jurisdictional customers and 
interested state commissions.
    Any person desiring to protest said filing should file protest with 
the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with 18 CFR 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed as 
provided in Section 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceeding. Copies of this filing are on file with the Commission 
and are available for public inspection in the public reference room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-1701 Filed 1-29-96; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 99.2

                            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 Annual Report of Denison International plc (the
"Company") on Form 10-K for the period ending December 31, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Bruce A. Smith, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Bruce A. Smith
------------------------------

Bruce A. Smith
Chief Financial Officer
March 28, 2003
Exhibit 32.1



Certification of Chief Executive Officer and Chief Financial Officer



Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
2002, each of the undersigned officers of Vignette Corporation (the Company) hereby certify that:



(i) the accompanying Quarterly Report on Form 10-Q of the Company for the year ended December 31, 2004, as filed with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934; and



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



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and
furnished to the Securities Exchange Commission or its staff upon request.



March 14, 2005



|                                     
|-------------------------------------
|                                     
|/s/ Thomas E. Hogan                  
|Thomas E. Hogan                      
|President and Chief Executive Officer
|                                     
|/s/ Charles W. Sansbury              
|Charles W. Sansbury                  
|Chief Financial Officer
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report
of Consorteum Holdings, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2013 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I, Craig A. Fielding, Chief Executive
Officer, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:



(i) the Report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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





/s/ Craig A. Fielding

Craig A. Fielding, President and Chief Executive
Officer

November 19, 2013
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3710 Engrossed in House (EH)]

  2d Session

                               H. R. 3710

_______________________________________________________________________

                                 AN ACT

  To designate the United States courthouse under construction at 611 
North Florida Avenue in Tampa, Florida, as the ``Sam M. Gibbons United 
                          States Courthouse''.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  2d Session
                                H. R. 3710

_______________________________________________________________________

                                 AN ACT

 
  To designate the United States courthouse under construction at 611 
North Florida Avenue in Tampa, Florida, as the ``Sam M. Gibbons United 
                          States Courthouse''.

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

SECTION 1. DESIGNATION.

    The United States courthouse under construction at 611 North 
Florida Avenue in Tampa, Florida, shall be known and designated as the 
``Sam M. Gibbons United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Sam M. Gibbons 
United States Courthouse''.

SEC. 3. EFFECTIVE DATE.

    This Act shall become effective on January 3, 1997.

            Passed the House of Representatives August 2, 1996.

            Attest:

                                                                 Clerk.
```
[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Page 34435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17055]


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


FEDERAL RESERVE SYSTEM

Government in the Sunshine Act Meeting

Agency Holding the Meeting: Board of Governors of the Federal Reserve 
System.

Time and Date: 11:00 a.m., Monday, July 8, 1996.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 2lst Streets, N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    2. Any items carried forward from a previously announced 
meeting.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: June 28, 1996.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 96-17055 Filed 6-28-96; 3:22 pm]
BILLING CODE 6210-01-P
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 Annual Report of Linkwell Corporation (the
"Company") on Form 10-KSB for the year ended December 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), I, Xue Lian Bian, CEO of the
Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 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/ Xue Lian Bian Xue Lian
                                                     Bian, CEO, President,
                                                     principal executive officer
                                                     and principal financial and
                                                     accounting officer
April 14, 2006

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
has been provided to the company and will be retained by the company and
furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Page 32816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16139]



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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-3117-EM]


Texas; Amendment to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency for the State of 
Texas, (FEMA-3117-EM), dated February 23, 1996, and related 
determinations.

EFFECTIVE DATE: June 14, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: The notice of an emergency for the State of 
Texas, is hereby amended to include the following areas among those 
areas determined to have been adversely affected by the catastrophe 
declared an emergency by the President in his declaration of February 
23, 1996:

Camp, Cherokee, Hardeman, Hardin, Houston, King, Liberty, Marion, 
Nacogdoches, Newton, Panola, Polk, San Augustine, Shelby, Trinity 
and Upshur Counties for emergency assistance as defined in the 
amended declaration letter of February 26, 1996.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance.)
William C. Tidball,
Associate Director, Response and Recovery Directorate.
[FR Doc. 96-16139 Filed 6-24-96; 8:45 am]
BILLING CODE 6718-02-P
MIE 1 

Revised 09/18

Order of the Court to Continue Supervision 

UNITED STATES DISTRICT COURT 

for the 

Eastern District of Michigan 

UNITED STATES OF AMERICA 

v. 

BROWN, Justice Ben Crim. No.: 09-CR-20095-01

On March 14, 2019, the Court authorized the issuance of a supervised release warrant based upon a violation 

petition citing violations of supervision. The issues of the violations were heard in Court on April 1, 2019, and 

the Court made the following finding: 

 X Guilty of violating conditions of supervision. BROWN to be continued on supervised release with all 

conditions previously imposed remaining in full effect. 

Respectfully submitted, 

s/LaMisha J. Rice

U.S. Probation Officer 

ORDER OF THE COURT

Pursuant to the above, it is ordered that the pending violation matter be resolved and 

supervision in this case be continued. All conditions imposed at the time of 

sentencing, along with any subsequent modifications to those conditions, remain in 

effect. 

Dated this 15th Day of April, 2019. 

s/Matthew F. Leitman 

Matthew F. Leitman 

United States District Judge
Fialka-Feldman v. Oakland University Board of Trustees Doc. 45 Att. 19

Dockets.Justia.com
#### Karen HANDWERKER, Plaintiff/Appellant, v. T.K.D. KID, INC., Defendant/Respondent.

No. 69685.

Missouri Court of Appeals, Eastern District, Division Two.

July 2, 1996.

*622Gary A. Growe, Clayton, for Appellant.

Karen A. Menghini, Armstrong, Teasdale, Schlafly & Davis, St. Louis, for Respondent.

CRANDALL, Judge.

Plaintiff, Karen Handwerker, appeals from the trial court’s grant of summary judgment in favor of defendant, T.K.D. Kid, Inc., in plaintiffs action for damages for bodily injury. Plaintiff claims injury when, as part of a women’s self-defense seminar sponsored by defendant, she was subjected to a simulated attack. The trial court granted summary judgment based upon an exculpatory clause contained within a document titled “Seminar Receipt and Agreement” (Agreement) which she signed. We reverse and remand.

Plaintiff enrolled in a four-part seminar offered by defendant on self-defense techniques. - She paid a fee and signed the Agreement. The Agreement contained the following clause:

> I, [plaintiff] understand that there is a risk in participating in above seminar and that I will assume all risks and liabilities in attending said seminar. The sponsor, any companies, corporations or employees and/or management of sponsor, companies or corporation promoting this seminar, as well as staff members or instructors of Amanat’s Self-Defense System *shall not*be held responsible in the event of any injury incurred in the course of this seminar. I also acknowledge that I have read this agreement in it’s [sic] entirety, and that I understand the terms of this agreement and have received a copy for my records.

The salient issue is whether the clause in question bars recovery by plaintiff. The Missouri Supreme Court considered a similar exculpatory clause in *Alack v. Vic Tanny International of Mo., Inc.,*923 S.W.2d 330 (Mo.banc 1996). In considering the language of a general exculpatory clause, the court found the following:

> The better rule is one that establishes a bright-line test, easy for courts to apply, and certain to alert all involved that the future “negligence” or “fault” of a party is being released. The words “negligence” or “fault” or their equivalents must be used conspicuously so that a clear and unmistakable waiver and shifting of risk, occurs. There must be no doubt that a reasonable person agreeing to an exculpatory clause actually understands what future claims he or she is waiving.

*Id.,*923 S.W.2d at 337-38.

Here, the exculpatory clause signed by plaintiff did not employ the terms “negligence” or “fault” or their equivalents so that a clear and unmistakable waiver occurred. *See id.,*923 S.W.2d at 332. Accordingly, we hold that the exculpatory clause in the present action was ambiguous and that defendant did not insulate itself from liability for its future acts of negligence. Plaintiffs point is granted.

The judgment of the trial court is reversed and the cause is remanded.

CRAHAN, P.J., and DOWD, J., concur.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1345 

KA 12-00046 

PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT 

V ORDER

VALFANSO DEWITT, DEFENDANT-APPELLANT.

 

WILLIAMS, HEINL, MOODY & BUSCHMAN, P.C., AUBURN (MARIO J. GUTIERREZ OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (NATHAN J. GARLAND OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from an order of the Cayuga County Court (Thomas G. Leone,

J.), entered November 10, 2011. The order denied the motion of

defendant for resentencing pursuant to the Drug Law Reform Acts of

2004, 2005 and 2009. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed. 

Entered: December 27, 2013 Frances E. Cafarell

Clerk of the Court
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SYNEA HASAN RAHMAN EL,

Plaintiff,

Case No. 09-cv-10622

v. Hon. Gerald E. Rosen

Mag. Judge Virginia M. Morgan

FIRST FRANKLIN FINANCIAL

CORPORATION, HOME LOAN

SERVICES, and TROTT AND

TROTT, P.C.

Defendants.

_____________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION AND

DISMISSING PLAINTIFF’S COMPLAINT

At a session of said Court, held in

the U.S. Courthouse, Detroit, Michigan

on November 17, 2009 

PRESENT: Honorable Gerald E. Rosen

 Chief Judge, United States District Court

This matter having come before the Court on the October 29, 2009 Report and

Recommendation of United States Magistrate Judge Virginia M. Morgan recommending

that the Court grant Defendants’ motions to dismiss and/or for summary judgment; and

Plaintiff having timely filed Objections; and the Court having reviewed the Magistrate

Judge's Report and Recommendation, Plaintiff's Objections, and the Court's file of this

matter and having concluded that, for the reasons stated in the Report and

Recommendation, Plaintiff’s complaint should be dismissed with prejudice, and being

2:09-cv-10622-GER-VMM Doc # 24 Filed 11/17/09 Pg 1 of 2 Pg ID 461
otherwise fully advised in the premises,

NOW, THEREFORE,

IT IS HEREBY ORDERED that the Magistrate Judge’s October 29, 2009 Report

and Recommendation [Dkt. # 22] is hereby ADOPTED by the Court.

IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge,

Defendant Trott & Trott, P.C.’s Motion to Dismiss and/or for Summary Judgment [Dkt. #

16] is GRANTED.

IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge,

Defendants First Franklin Loan Services and Home Loan Services’ Motion to Dismiss

and/or for Summary Judgment [Dkt. # 19] is GRANTED.

IT IS FURTHER ORDERED that Plaintiff’s complaint [Dkt. # 1] is DISMISSED

with prejudice.

s/ Gerald E. Rosen 

Chief Judge, United States District Court

Dated: November 17, 2009

CERTIFICATE OF SERVICE

I hereby certify that on November 17, 2009 , I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system which will send notification of such filing to the

following: William G. Asimakis, Jr.; Julie L. Druzinski; Richard Welke , and I

hereby certify that I have mailed by United States Postal Service the paper to the following nonECF participants:

 Synea Hasan Rahman El; 5261 Courville, Detroit, MI 48224 .

s/Ruth A. Brissaud 

Ruth A. Brissaud, Case Manager

(313) 234-5137

2:09-cv-10622-GER-VMM Doc # 24 Filed 11/17/09 Pg 2 of 2 Pg ID 462
|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 Quarterly Report of LAUD Resources Inc., (the Company) on Form 10-Q for the period ended February 29, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jordan Shapiro, 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.
| 

By: /s/ Jordan ShapiroJordan Shapiro
Chief Financial Officer, Principal Accounting Officer

April 14, 2008

---
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



We, the undersigned, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Pervasive Software Inc. on Form 10-K/A for the period ending June 30, 2006
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K/A fairly presents in all material respects the financial condition and results of
operations of Pervasive Software Inc.



September 26, 2006

By:

/s/ John E. FarrName: John FarrTitle: Chief Executive OfficerBy:

/s/ Randall G. JonkersName: Randall G. JonkersTitle: Chief Financial Officer