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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DETROIT FORMING, INC.,

Plaintiff,

CASE NO. 08-15153

-vsCOASTAL FOODS, INC., PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Defendant.

_______________________________/

ORDER DISMISSING THE CASE FOR LACK OF SUBJECT MATTER

JURISDICTION

On January 5, 2009, this Court ordered Defendant to show cause why this matter should not

be dismissed for a lack of subject matter jurisdiction, based on a failure to satisfy the amount in

controversy requirement. (Doc. No. 2). Defendant did not respond to the show cause order.

Because Defendant has not shown that this Court enjoys proper subject matter jurisdiction over the

action, and this Court dismisses the complaint for lack of subject matter jurisdiction. See Fed. R.

Civ. P. 12(h)(3). 

SO ORDERED.

S/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: February 18, 2009

2:08-cv-15153-PDB-RSW Doc # 4 Filed 02/18/09 Pg 1 of 2 Pg ID 21
CERTIFICATE OF SERVICE

Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on

February 18, 2009.

S/Denise Goodine 

Case Manager

2:08-cv-15153-PDB-RSW Doc # 4 Filed 02/18/09 Pg 2 of 2 Pg ID 22
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 Pervasive Software Inc. (the Company) on Form 10-K for the fiscal year ended June 30, 2007, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, John E. Farr, President and Chief Executive Officer of the Company, and I, Randall G. Jonkers, 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 our 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.



|                         |  |  |  |                                      
|------------------------ |  |  |  | -------------------------------------
|                         |  | 
|Date: September 13, 2007 |  |  |  | /s/ John E. Farr                     
|                         |  |  |  | John E. Farr                         
|                         |  |  |  | President and Chief Executive Officer
|                         |  | 
|Date: September 13, 2007 |  |  |  | /s/ Randall G. Jonkers               
|                         |  |  |  | Randall G. Jonkers                   
|                         |  |  |  | Chief Financial Officer              



This certification accompanies this
Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically
incorporates it by reference.
[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1629]



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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and 
Development
[Docket No. FR-3959-O-03]


Ounce of Prevention Grant Program; Notice of Funding 
Availability; Announcement of OMB Approval Number

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Announcement of OMB approval number.

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

SUMMARY: On October 16, 1995 (60 FR 53686), the Department published in 
the Federal Register, a Notice of Funding Availability (NOFA) that 
announced the availability of up to $1.2 million of FY 1995 funds for 
grant assistance under the Ounce of Prevention Council's (the Council) 
Ounce of Prevention Grant Program. The notice stated that the funds 
would be awarded competitively, through a selection process conducted 
by HUD, after consultation with the Council, for projects that are 
targeted to Federally-designated urban and rural Empowerment Zone and 
Enterprise Community areas (EZ/EC). The document indicated that 
information collection requirements contained in the notice had been 
submitted to the Office of Management and Budget for emergency review 
and approval under section 3507 of the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520), and that when approved, the OMB control number 
would be announced by separate notice in the Federal Register.
    The purpose of this document is to announce the OMB approval number 
for the October 16, 1995 notice.

FOR FURTHER INFORMATION CONTACT: All questions should be directed to 
the Office of Economic Development, Department of Housing and Urban 
Development, Room 7136, Washington, DC 20410. Telephone: (202) 708-
6355; TDD: 1-800-877-8339. (These are not toll free numbers.)

SUPPLEMENTARY INFORMATION: Accordingly, the control number approved by 
the Office of Management and Budget in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) for the Ounce of Prevention 
Grant Program; Notice of Funding Availability, published in the Federal 
Register on October 16, 1995 (60 FR 53686), is 2506-0155. This approval 
number expires on December 31, 1998. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a valid control number.

    Dated: January 24, 1996.
Camille E. Acevedo,
Assistant General Counsel for Regulations.
[FR Doc. 96-1629 Filed 1-29-96; 8:45 am]
BILLING CODE 4210-29-P
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3877 Enrolled Bill (ENR)]

        H.R.3877

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
To designate the United States Post Office building located at 351 West 
  Washington Street in Camden, Arkansas, as the ``David H. Pryor Post 
                           Office Building''.

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

SECTION 1. DAVID H. PRYOR POST OFFICE BUILDING.

    (a) Designation.--The United States Post Office building located at 
351 West Washington Street in Camden, Arkansas, shall be known and 
designated as the ``David H. Pryor Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the building referred to 
in subsection (a) shall be deemed to be a reference to the ``David H. 
Pryor Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Exhibit 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND  PRINCIPAL FINANCIAL OFFICER PURSUANT TO  18 U.S.C. SECTION 1350  AS ADOPTED PURSUANT TO SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

We, Richard J. Thompson, President and Chief Executive Officer, and Linda C. Heller, Senior Vice PresidentFinance,
Treasurer and Chief Financial Officer of Power-One, Inc. (the "Company"), do hereby certify, pursuant to 18 U.S.C. Section 1350 and Rule 13a-14(b) or
Rule 15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant to Section 906 of the Sarbanes- Oxley Act of 2002, that, to our
knowledge:



Date: March 13, 2009/s/ RICHARD J. THOMPSON Richard J. Thompson President and Chief Executive Officer
(Principal Executive Officer)/s/ LINDA C. HELLER Linda C. Heller Senior Vice PresidentFinance, Treasurer
and Chief Financial Officer
(Principal Financial Officer)


---



QuickLinks
EXHIBIT 32.02
  Certification Pursuant to 18 U.S.C. Section 1350
As Adopted Pursuant to Section 906 of
The Sarbanes-Oxley Act of 2002
  1)
    
    this Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and2)
    
    that information contained in this Report fairly presents, in all material respects,
the financial condition and results of operations of Interwoven, Inc.
 Dated: March 13, 2009
    /s/ John E. Calonico, Jr.John E. Calonico, Jr.Senior Vice President and Chief Financial
Officer
I

104TH CONGRESS

2D SESSION H. R. 3882

To require the Secretary of the Navy to transfer jurisdiction over a portion

of Cecil Field Naval Air Station, Florida, to the Secretary of Veterans

Affairs for use as a national cemetery and for development of a longterm care or nursing home care facility for veterans.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1996

Mr. STEARNS introduced the following bill; which was referred to the Committee on National Security, and in addition to the Committee on Veterans’

Affairs, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require the Secretary of the Navy to transfer jurisdiction

over a portion of Cecil Field Naval Air Station, Florida,

to the Secretary of Veterans Affairs for use as a national

cemetery and for development of a long-term care or

nursing home care facility for veterans.

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

3 SECTION 1. TRANSFER OF JURISDICTION, CECIL FIELD

4 NAVAL AIR STATION, FLORIDA.

5 (a) TRANSFER OF LAND FOR NATIONAL CEME6 TERY.—The Secretary of the Navy shall transfer, without
2

•HR 3882 IH

1 reimbursement, to the administrative jurisdiction of the

2 Secretary of Veterans Affairs a parcel of real property,

3 including any improvements thereon, consisting of ap4 proximately 1,500 acres and comprising a portion of Cecil

5 Field Naval Air Station, Florida. The Secretary of Veter6 ans Affairs shall use the real property transferred under

7 this subsection as a national cemetery under chapter 24

8 of title 38, United States Code.

9 (b) TRANSFER OF LAND FOR LONG-TERM CARE OR

10 NURSING HOME CARE FACILITY.—In addition to the

11 transfer required under subsection (a), the Secretary of

12 the Navy shall transfer, without reimbursement, to the ad13 ministrative jurisdiction of the Secretary of Veterans Af14 fairs a parcel of real property at Cecil Field Naval Air

15 Station containing the unused barracks located at that in16 stallation and such adjacent property as the Secretary of

17 Veterans Affairs considers necessary. Subject to the avail18 ability of appropriations for this purpose, the Secretary

19 of Veterans Affairs shall renovate the barracks transferred

20 under this subsection in order to establish a long-term

21 care or nursing home care facility for veterans.

22 (c) LEGAL DESCRIPTION.—The exact acreage and

23 legal description of the real property to be transferred

24 under this section shall be determined by a survey satis-
3

•HR 3882 IH

1 factory to the Secretary of the Navy. The cost of the sur2 vey shall be borne by the Secretary of Veterans Affairs.

Æ
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

BRIAN KEITH COURTNEY, SR., #444293,

Petitioner,

Civil No. 1:09-CV-10842 

v. Honorable Thomas L. Ludington

DEBRA L. SCUTT,

Respondent.

_______________________________/

ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL

Petitioner Brian Keith Courtney, Sr., a Michigan prisoner, seeks the issuance of a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, he challenges his plea-based

convictions for conducting a criminal enterprise, Mich. Comp. Laws § 750.159i(1), and obstruction

of justice, Mich. Comp. Laws § 750.505. This matter is before the Court on Petitioner’s motion for

appointment of counsel. In support of his request, he states that his case involves complex issues,

he has limited access to the prison law library, he has limited legal knowledge, and he is financially

unable to retain legal counsel. Respondent has filed the state court record and an answer to the

habeas petition. Petitioner has recently filed a reply to that answer.

Petitioner has no absolute right to be represented by counsel on federal habeas corpus

review. See Abdur-Rahman v. Michigan Dept. of Corrections, 65 F.3d 489, 492 (6th Cir. 1995); see

also Wright v. West, 505 U.S. 277, 293 (1992) (citing Pennsylvania v. Finley, 481 U.S. 551, 555

(1987)). “ ‘[A]ppointment of counsel in a civil case is . . . a matter within the discretion of the court.

It is a privilege and not a right.’ ” Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (quoting

United States v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)). Petitioner has submitted his petition
-2-

and pleadings in support of his habeas claims. Neither an evidentiary hearing nor discovery are

necessary at this time, and the interests of justice do not require appointment of counsel. See 18

U.S.C. § 3006A(a)(2)(B); 28 U.S.C. foll. § 2254, Rules 6(a) and 8(c). 

Accordingly, it is ORDERED that Petitioner’s request for appointment of counsel [Dkt. #

17] is DENIED WITHOUT PREJUDICE. The Court will bear in mind the request if, upon further

review of the case, the Court determines that appointment of counsel is necessary. Petitioner need

not file another motion regarding this issue.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: April 7, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on April 7, 2010. 

s/Tracy A. Jacobs 

TRACY A. JACOBS
## 1998 D e c i sion s O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit

12-22-1998 

# Unit ed S t a t es v

. T y le r
P r e c e de n t i al or N on-P r e c e de n t i al : D ocke t 96-7776

F o l lo w thi s a nd a dd it ion al w ork s a t : h tt p://d i g it alc ommon s .l a w . v i l l a no v a . e du/thir dc ir c uit_1998

Thi s de c i sion i s br ou gh t t o y ou for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit a t V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 1998 D e c i sion s b y a n a uthor i z e d a dmini s tr a t or of V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al Re posit or y

. F or mor e infor m a t ion, p le as e c on t a ct Be n j a min

. C a rl s on@l a

w . v i l l a no v a . e du

. 

## Re c omme nde d C it a t ion

" U nit e d S t a t e s v

. T y le r " (1998). 1998 D e cisio n s . P ape r 283. h tt p://d i g it alc ommon s .l a

w . v i l l a no v a . e du/thir dc ir c uit_1998/283

### UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 96-7776
USA v. WILLIE TYLER The following modifications have been made to t he Court's Opinion issued on December 15, 1998, to the above-e ntitled appeal and will appear as part of the final version of the opinion:

1) On page 19, paragraph beginning with the wo rd Thus, the word "rights" after Fifth Amendment should be "righ t;" in the same paragraph the word "rights" after Sixth Amendm ent should be "right." 2) On page 20, right before the caption II., t he word "rights" after Sixth Amendment should be "right."

Very truly yours,
/s/ P. Douglas Sisk, Clerk

Dated: December 22, 1998
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      16,457,641
<SECURITIES>                                39,859,649
<RECEIVABLES>                                  540,234
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            57,559,843
<PP&E>                                       5,984,457
<DEPRECIATION>                               1,937,973
<TOTAL-ASSETS>                              61,806,959
<CURRENT-LIABILITIES>                        3,598,117
<BONDS>                                      6,923,786
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,774
<OTHER-SE>                                  51,273,282
<TOTAL-LIABILITY-AND-EQUITY>                61,806,959
<SALES>                                              0
<TOTAL-REVENUES>                            14,366,692
<CGS>                                                0
<TOTAL-COSTS>                               18,431,186
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             326,814
<INCOME-PRETAX>                            (2,675,857)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,675,857)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,675,857)
<EPS-PRIMARY>                                   (0.31)
<EPS-DILUTED>                                   (0.31)
        

</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1024 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1024

     To authorize appropriations for the design, acquisition, and 
     construction of a combined buoy tender-icebreaker to replace 
                icebreaking capacity on the Great Lakes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2009

 Mr. Levin (for himself, Mr. Voinovich, Ms. Stabenow, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
     To authorize appropriations for the design, acquisition, and 
     construction of a combined buoy tender-icebreaker to replace 
                icebreaking capacity on the Great Lakes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Icebreaker Replacement 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) 5 of the Great Lakes icebreakers of the Coast Guard are 
        nearing the end of the useful lives of the icebreakers;
            (2) 2 other Coast Guard icebreaking assets have experienced 
        difficulty in heavy ice conditions;
            (3) during the spring of 2008, United States-flag vessels 
        operating on the Great Lakes suffered more than $1,300,000 in 
        damages to the hulls of the vessels because the Coast Guard did 
        not have enough assets available to keep Great Lakes shipping 
        lanes open;
            (4) during the 2006-2007 ice season, shipments of iron ore, 
        coal, and limestone on the Great Lakes exceeded 20,000,000 
        tons;
            (5) during the 2006-2007 ice season, the transportation of 
        10,400,000 tons of iron ore on the Great Lakes helped support 
        approximately 100,000 jobs at steel mills and approximately 
        300,000 jobs at supplier industries by keeping those industries 
        working during the winter season; and
            (6) the 6,400,000 tons of coal shipped on the Great Lakes 
        during the 2006-2007 ice season kept the Great Lakes region 
        supplied with electricity.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Homeland 
Security $153,000,000 for necessary expenses of the Coast Guard 
relating to the design, acquisition, and construction of a combined 
buoy tender-icebreaker to replace icebreaking capacity on the Great 
Lakes, to remain available until expended.
                                 <all>
```
#### STATE of Missouri, Respondent, v. Bernard HARRIS, Appellant.

No. WD 50124.

Missouri Court of Appeals, Western District.

Aug. 13, 1996.

Rebecca L. Kurz, Assistant Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Philip M. Koppe, Assistant Attorney General, Kansas City, for respondent.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.

ORDER

PER CURIAM:

Bernard Harris appeals his convictions, following a jury trial, of five counts of robbery in the first degree, § 569.020, RSMo 1994, and five counts of armed criminal action, § 571.015, RSMo 1994; and concurrent sentences of 11, 14, 16, 18 and 20 years imprisonment for the robbery convictions, and five concurrent five-year sentences for the armed criminal action convictions. He also appeals the denial of his Rule 29.15 motion for postconviction relief.

The judgment of conviction and the order denying the Rule 29.15 motion are affirmed. Rules 30.25(b) and 84.16(b).