alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7704
ARTHUR EDWARD WILLIAMSON, JR., Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Solomon Blatt, Jr., Senior District Judge. (CA-93-3115-6-8AK) Submitted: March 12, 1996 Decided: July 18, 1996 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Arthur Edward Williamson, Jr., Ap pellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his habeas corpus petition, 28 U.S.C. § 2254 (1988), as amended by Act of Apr. 24, 1996, 28 U.S.C.S. § 2254 (Law. Co-op.Advance Sheet June 1996). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, although we grant a certificate of appealability, we affirm the order on the reasoning of the district court. Williamson v. South Carolina , No. CA-93-3115-6-8AK (D.S.C. Sept. 27, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CHRISTOPHER LEE,

Plaintiff,

v. Case No. 09-10723

THOMAS BIRKETT, et al, HONORABLE AVERN COHN

Defendants.

___________________________________/

ORDER OVERRULING DEFENDANTS’ OBJECTIONS TO MAGISTRATE JUDGE’S

ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT

This is a prisoner civil rights case under 42 U.S.C. § 1983. In general terms,

plaintiff, proceeding pro se, claims that defendants failed to provide sanitary prison

conditions which posed a threat to his health in violation of his constitutional rights. The

matter has been referred to a magistrate judge for all pre-trial proceedings.

The parties, particularly plaintiff, have filed several motions. Namely, plaintiff has

filed three motions to amend his complaint (Dkt. # 25, 33, 41). Defendants have filed a

motion for summary judgment, to which plaintiff has responded.

On October 23, 2009, the magistrate judge issued an order directing plaintiff to

file a “Proposed Amended and Supplemental Complaint” by November 18, 2009. 

Before the Court are defendants’ objections to the order.

Having reviewed the order de novo in light of defendants’ objections, the Court

agrees with the magistrate judge that permitting plaintiff to file one complete pleading

which details all of the claims he seeks to move forward on is appropriate under the

2:09-cv-10723-AC-MJH Doc # 86 Filed 11/12/09 Pg 1 of 2 Pg ID 907
2

circumstances. While the Court appreciates defendants’ arguments with regard to

exhaustion and the apparent tension between the PLRA and Rule 15, as well as joinder

issues, the better course is for plaintiff to file the proposed amended complaint. Once

filed, defendants can raise exhaustion and joinder issues. Accordingly, defendants’

objections are OVERRULED.

SO ORDERED.

 s/ Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: November 12, 2009

I hereby certify that a copy of the foregoing document was mailed to Christopher Lee,

#236321, Baraga Maximum Correctional Facility, 13924 Wadaga Road, Baraga, MI

49908 and the attorneys of record on this date, November 12, 2009, by electronic

and/or ordinary mail.

 S /Julie Owens 

Case Manager, (313) 234-5160

2:09-cv-10723-AC-MJH Doc # 86 Filed 11/12/09 Pg 2 of 2 Pg ID 908
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

LEOPOLDO SANCHEZ ALVAREZ, )

DOC #C12358, )

)

Appellant, )

)

v. ) Case No. 2D18-1755

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed March 8, 2019. 

Appeal from the Circuit Court for Polk 

County; Mark Carpanini, Judge.

Howard L. Dimming, II, Public Defender,

and Robert D. Rosen, Assistant Public 

Defender, Bartow, for Appellant.

Leopoldo S. Alvarez, pro se.

Ashley Moody, Attorney General, 

Tallahassee, for Appellee.

PER CURIAM.

Affirmed. 

VILLANTI, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3928 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3928

To amend the Immigration and Nationality Act with respect to waiver of 
                exclusion for certain excludable aliens.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1996

  Mr. Frank of Massachusetts introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act with respect to waiver of 
                exclusion for certain excludable aliens.

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

SECTION 1. WAIVER OF EXCLUSION OF CERTAIN LONG-TERM RESIDENT ALIENS.

    (a) In General.--Section 212(c) of the Immigration and Nationality 
Act (8 U.S.C. 1182(c)), as amended by section 440(d) of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), is amended--
            (1) in the first sentence--
                    (A) by inserting ``for not less than 5 years'' 
                after ``lawfully admitted for permanent residence'', 
                and
                    (B) by striking ``who are returning to a lawful 
                unrelinquished domicile of seven consecutive year'' and 
                inserting ``who have resided in the United States 
                continuously for 7 years after having been admitted in 
                any status''; and
            (2) in the last sentence, by striking all that follows 
        ``shall not apply to an alien'' and inserting the following: 
        ``who has been convicted of an aggravated felony or felonies 
        for which the alien has been sentenced, in the aggregate, to a 
        term of imprisonment of at least 5 years.''.
    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective as if included in the enactment of section 440 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132).
                                 <all>
```
EXHIBIT 32.2


         WRITTEN STATEMENT OF THE CFO PURSUANT TO 18 U.S.C. SECTION 1350


     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 Insynq, Inc. (the "Company") on Form
10-KSB for the period ending May 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, M. Carroll Benton,
Principle Accounting Officer of the Company, certify, solely for the purposes of
complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of our knowledge, that:

      (1)   The Report fully complies with the requirements of Section13(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 as of May 31, 2005 and for the periods then ended

                                            /s/ M. Carroll Benton
                                            -----------------------
                                            M. Carroll Benton
                                            Prinicple Accounting and
                                            Financial Officer
#### Frank W. NOTHEIS, M.S., Appellant, v. Frank O. PETKOVICH, M.D., Respondent.

No. 67867.

Missouri Court of Appeals, Eastern District, Division Four.

Aug. 29, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 17, 1995.

Application to Transfer Denied Nov. 21, 1995.

*804Frank W. Notheis, M.S., Chesterfield, pro se.

David I. Hares, St. Louis, for respondent.

Before AHRENS, P.J., and PUDLOWSKI and GRIMM, JJ.

*ORDER*

PER CURIAM.

Plaintiff, Frank Notheis, appeals the trial court’s grant of summary judgment in favor of defendant, Frank Petkovich, M.D., in an action for medical malpractice based on a lack of informed consent.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

Defendant has filed a motion to dismiss the appeal for failure to comply with Rule 84.04(c) and (d). Although plaintiffs statement of facts and points relied on do not comply with the requirements of Rule 84.04, we will review plaintiffs claims of error, *ex gratia.*Defendant’s motion to dismiss appeal is denied.

The judgment of the trial court is affirmed in accordance with Rule 84.16(b).
<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

     This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the annual
report on Form 10-K for the year ended December 31, 2004 (the "Form 10-K") of
Mercantile Bank Corporation (the "Issuer").

     I, Gerald R. Johnson, Jr., Chairman and Chief Executive Officer of the
Issuer, certify that:

     (i)  the Form 10-K fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); and

     (ii) the information contained in the Form 10-K fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated: February 24, 2005


                                        /s/ Gerald R. Johnson, Jr.
                                        ----------------------------------------
                                        Gerald R. Johnson, Jr.
                                        Chairman and Chief Executive Officer
CITICORP MORTGAGE,     MAIL STATION 313
INC.                   P.O. BOX 790013
                       ST. LOUIS, MISSOURI 
A SUBSIDIARY OF        63179-0013
CITICORP

                                                                      (LOGO)

March 31, 1998
Investor #6121 and 6123

Attn: Christine A Tincher
Norwest Bank
11000 Broken Land Parkway
Columbia, MD 21044-3562

                              OFFICER'S CERTIFICATE

RE:      Annual Statement as to Compliance:
         Pursuant to SASCOR Servicing Guide

Dear Ms. Tincher:

The activities of Citicorp Mortgage,  Inc., performed under the above referenced
Servicing Guide during the preceding calendar year, have been conducted under my
supervision.  Based  upon a  review  of those  activities  and to the best of my
knowledge,  Citicorp  Mortgage,  Inc. has fulfilled all of its obligations under
this Servicing Guide.

Citicorp Mortgage, Inc.

By: /s/Patsy M. Barker
Patsy M. Baker, Vice President

By: /s/Timothy Klingert
Timothy Klingert, Investor Reporting Manager
<PAGE>

                                                                      EXHIBIT 23

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No.
333-128187 on Form S-3 of our reports relating to i) the consolidated financial
statements of CenterPoint Energy Resources Corp. and subsidiaries dated March
24, 2006 (which report expresses an unqualified opinion and includes an
explanatory paragraph regarding the Company's adoption of a new accounting
standard related to conditional asset retirement obligations), and ii) the
consolidated financial statement schedule dated March 24, 2006, appearing in
this Annual Report on Form 10-K of CenterPoint Energy Resources Corp. for the
year ended December 31, 2005.

DELOITTE & TOUCHE LLP

Houston, Texas

March 24, 2006
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 of Gold Phoenix Minerals, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

      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 operation
            of the Company.


/s/ Michael R. Fitzsimonds
-------------------------------
Michael R. Fitzsimonds
President, Chief Executive Officer
and Chief Financial Officer


                                       A-1
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

BRAINTECH, INC., a Nevada corporation, 

 Plaintiff/Counter-Defendant, 

v. 

ADIL SHAFI, an individual, 

 Defendant/Counter-Plaintiff, 

v. 

FREDERICK WEIDINGER, an individual, 

 Counterclaim Defendant. 

_____________________________________/ 

Case No. 09-10454 

Honorable Victoria A. Roberts 

Magistrate Judge Virginia M. Morgan 

LETTERS ROGATORY

 The People of the United States of America, to the Appropriate Judicial Authority 

in Vancouver, British Columbia, Canada. 

GREETINGS: 

WHEREAS, a certain action is pending in the United States District Court for the 

Eastern District of Michigan, in which BRAINTECH is Plaintiff1

 and Adil Shafi, a resident 

 

1

 Braintech Inc., was dismissed from the case by order dated June 3, 2010, but remains a party to the 

case on the counterclaim of Defendant Shafi. 

Case 2:09-cv-10454-VAR-VMM Document 57 Filed 10/26/10 Page 1 of 3
2

of the State of Michigan, is a Defendant, and Frederick Weidinger is an additional party 

counterclaim defendant and a resident of the State of Virginia. 

 WHEREAS, it having been made known to us that the testimony of the following 

witness of the Province of British Columbia, Canada, to-wit: Babak Habibi, 1680 Orkney 

Pl, North Vancouver, British Columbia, Canada, V7h 2Z1, is necessary for use at the 

trial of the issues in said action and without the testimony of whom justice cannot be 

completely done between the parties; 

WE, THEREFORE REQUEST that in furtherance of justice, you will cause said 

witnesses, to appear before the person authorized to administer oaths at the offices of 

Ellis Business Lawyers, #440-319 West Pender Street, Vancouver, BC, V6B 1T3, or 

some other place as agreed by the parties, at a precise time and place by you to be fixed, 

and there to answer, under oaths or affirmations, the questions, document requests and 

interrogatories to be propounded by counsel for the respective parties and said 

questions and answers to be committed and reduced to writing, and thereafter duly 

signed by said witnesses under oath or affirmation, and thereafter return said deposition 

to us under cover, duly closed and sealed, postage prepaid, together with these 

presents, addressed to David J. Weaver, Clerk of the Court, United States District Court 

for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette 

Boulevard, Detroit, Michigan, United States of America 48226, with copies to counsel 

for the parties. 

And we shall be ready and willing to do the same for you in a similar case when 

required. 

Case 2:09-cv-10454-VAR-VMM Document 57 Filed 10/26/10 Page 2 of 3
3

WITNESS the Honorable Victoria A. Roberts, United States District Court Judge 

for the Eastern District of Michigan, United States of America, on this 25 day of October, 

2010. 

S/Victoria A. Roberts

Honorable Victoria A. Roberts 

United States District Court Judge 

Case 2:09-cv-10454-VAR-VMM Document 57 Filed 10/26/10 Page 3 of 3
Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al Doc. 29 Att. 2

Dockets.Justia.com
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

In the interest of F.E.M., a child

, * From the County Court

at Law of Nolan County,

Trial Court No. CC

- 6415

.

No. 11

- 12

- 00257

- CV * March 14, 2013

* Memorandum Opinion by Wright, C.J

.

(Panel consists of: Wright, C.J.,

McCall, J., and Willson , J.)

This court has inspected the record in this cause and concludes that there is no error in the

order below. Therefore, in accordance with this court ’ s opinion, the order of the trial court is in

all things affirmed.
UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MICHIGAN PROTECTION & 

ADVOCACY SERVICE, INC. 

 

 Plaintiff, 

 Case No. 2:09-CV-10877 

v. Hon. Nancy G. Edmunds 

SPECTRUM HUMAN SERVICES, ROGER 

SWANINGER and SPECTRUM JUVENILE 

JUSTICE SERVICES 

 Defendants. 

______________________________________/ 

Michigan Protection & Advocacy Service, Inc. Berry Moorman PC 

Chris E. Davis (P52159) James P. Murphy (P36728) 

29200 Vassar Blvd., Suite 200 Thomas M. Sullivan (P21154) 

Livonia, MI 48152 535 Griswold St., Ste 1900 

Phone: (248) 473-2990 Detroit, MI 48226 

Email: cdavis@mpas.org Phone: (313) 496-1200 

Attorney for Plaintiff Attorneys for Defendants 

_____________________________________/ 

STIPULATION TO DISMISS 

The parties to this matter, through their respective counsel, have reached a 

settlement covering issues involved in this matter and hereby stipulate to the dismissal of 

this case without prejudice and further stipulate that each party is to pay its own costs and 

attorney fees. 

s/Chris E. Davis s/James P. Murphy with permission

Chris E. Davis (P52159) James P. Murphy (P36728) 

Attorney for Plaintiff Attorney for Defendants 

Michigan Protection & Advocacy Service, Inc. Berry Moorman PC 

29200 Vassar Blvd., Suite 200 535 Griswold St., Ste 1900 

Livonia, MI 48152 Detroit, MI 48226 

(248) 473-2990 (313) 496-1200 

Email: cdavis@mpas.org Email: murph@berrymoorman.com

Case 2:09-cv-10877-NGE-DAS ECF No. 18, PageID.44 Filed 08/07/09 Page 1 of 3
UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MICHIGAN PROTECTION & 

ADVOCACY SERVICE, INC. 

 

 Plaintiff, 

 Case No. 2:09-CV-10877 

v. Hon. Nancy G. Edmunds 

SPECTRUM HUMAN SERVICES, ROGER 

SWANINGER and SPECTRUM JUVENILE 

JUSTICE SERVICES 

 Defendants. 

______________________________________/ 

Michigan Protection & Advocacy Service, Inc. Berry Moorman PC 

Chris E. Davis (P52159) James P. Murphy (P36728) 

29200 Vassar Blvd., Suite 200 Thomas M. Sullivan (P21154) 

Livonia, MI 48152 535 Griswold St., Ste 1900 

Phone: (248) 473-2990 Detroit, MI 48226 

Email: cdavis@mpas.org Phone: (313) 496-1200 

Attorney for Plaintiff Attorneys for Defendants 

_____________________________________/ 

ORDER TO DISMISS 

 This matter having come before the Court by stipulation of the parties, and the 

Court otherwise being fully advised in the premise: 

 IT IS ORDERED this matter is dismissed without prejudice. 

 IT IS FURTHER ORDERED that each party is to pay its own costs and attorney 

fees. 

 s/Nancy G. Edmunds 

 Nancy G. Edmunds 

 United States District Judge 

Dated: August 7, 2009 

Case 2:09-cv-10877-NGE-DAS ECF No. 18, PageID.45 Filed 08/07/09 Page 2 of 3
I hereby certify that a copy of the foregoing document was served upon counsel of record 

on August 7, 2009, by electronic and/or ordinary mail. 

 s/Carol A. Hemeyer 

 Case Manager 

Case 2:09-cv-10877-NGE-DAS ECF No. 18, PageID.46 Filed 08/07/09 Page 3 of 3
V

104TH CONGRESS

2D SESSION H. R. 3894

For the relief of Margarito Domantay.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 1996

Mr. BILIRAKIS introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of Margarito Domantay.

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

3 SECTION 1. SATISFACTION OF CLAIM AGAINST THE UNITED

4 STATES.

5 The Secretary of the Treasury shall pay, out of any

6 funds in the Treasury not otherwise appropriated, to Petty

7 Officer Margarito Domantay, United States Navy (re8 tired), of Tampa, Florida, the amount of retired pay that

9 he would have received for the period beginning on June

10 8, 1979, and ending on March 12, 1985, had he been ini11 tially retired in the grade of E–5, second class (rather
2

•HR 3894 IH

1 than the grade of E–4, third class, in which he was mis2 takenly retired due to administrative error).

3 SEC. 2. LIMITATION ON AGENT AND ATTORNEY FEES.

4 It shall be unlawful for an amount exceeding 10 per5 cent of the amount paid pursuant to section 1 to be paid

6 to, or received by, any agent or attorney for any service

7 rendered in connection with the claim described in such

8 section. Any person who violates this section shall be

9 guilty of an infraction, and shall be subject to a fine in

10 the amount provided in title 18, United States Code.

Æ
**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 China Discovery Acquisition Corp. (the
      “Company”) on Form 10-Q for the period ending June 30, 2008 (the “Report”), as
      filed with the Securities and Exchange Commission on the date hereof, I Beatrice
      Hom, Chief Financial Officer of the Company, certify pursuant to 18 U.S.C.
      Sec. 1350, as adopted pursuant to Sec. 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, as amended; and





2. The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.






By: 
                /s/ Beatrice Hom
            
            Dated:
              August 19, 2008Beatrice
                HomChief
                Operating Officer and Chief Financial Officer(Principal
                Accounting and Financial Officer)