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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Respondent,

Case No. 09-20239-3

v.

Paul D. Borman

United States District Judge

NAZIM AHMED,

Mona K. Majzoub

Petitioner. United States Magistrate Judge

_____________________________/

OPINION AND ORDER 

(1) ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, 

(2) DISMISSING WITH PREJUDICE PETITIONER’S MOTION TO VACATE

SENTENCE (Dkt. No. 46), and 

(3) DENYING PETITIONER’S MOTION TO EXPEDITE (Dkt. No. 52)

Before the Court is Magistrate Judge Mona K. Majzoub’s Report and Recommendation to

dismiss with prejudice Petitioner’s Motion to Vacate and denying Petitioner’s Motion to Expedite. 

(Dkt. No. 54.)

Having reviewed that Report and Recommendation, and there being no timely objections

from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the

Magistrate Judge’s Report and Recommendation, DISMISSES WITH PREJUDICE Petitioner’s

Motion to Vacate Sentence, and DENIES Petitioner’s Motion to Expedite.

IT IS SO ORDERED.

s/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: May 31, 2013
CERTIFICATE OF SERVICE

Copies of this Order were served on the parties and/or attorneys of record by electronic means or

U.S. Mail on May 31, 2013.

s/Deborah Tofil 

Case Manager
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KAY READY, individually and on behalf of

a class of similarly situated individuals,

Plaintiffs,

Case No. 09-CV-12827 

vs. HON. GEORGE CARAM STEEH

KFC CORPORATION,

a Delaware corporation, et al.,

Defendant.

_____________________________/

ORDER GRANTING DEFENDANT'S MOTION TO STAY (# 6)

AND ADMINISTRATIVE CLOSING

Defendant KFC Corporation filed a motion to stay all proceedings on August 13,

2009 pending a ruling by the Judicial Panel on Multidistrict Litigation ("MDL") whether to

coordinate four federal actions for pretrial proceedings pursuant to 28 U.S.C. § 1407. The

MDL Panel is expected to be fully briefed in September 2009. Plaintiff has not opposed the

motion. Accordingly,

Defendant KFC's motion to stay these proceedings is hereby GRANTED to the

extent set forth herein. This case is hereby ADMINISTRATIVELY CLOSED. This case

may be reopened by motion of any party without the payment of additional fees or costs,

including but not limited to if the MDL Panel declines jurisdiction, or if this matter is

remanded back to this court at the conclusion of MDL pretrial proceedings. 

SO ORDERED.

Dated: September 1, 2009

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

2:09-cv-12827-GCS-DAS Doc # 7 Filed 09/01/09 Pg 1 of 2 Pg ID 76
CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

September 1, 2009, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk

2:09-cv-12827-GCS-DAS Doc # 7 Filed 09/01/09 Pg 2 of 2 Pg ID 77
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3672 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3672

    To amend the Federal Food, Drug, and Cosmetic Act to repeal the 
   provisions for the certification of drugs containing insulin and 
                              antibiotics.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 1996

  Mr. Waxman introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Food, Drug, and Cosmetic Act to repeal the 
   provisions for the certification of drugs containing insulin and 
                              antibiotics.

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

SECTION 1. REPEAL OF CERTIFICATION OF DRUGS CONTAINING INSULIN.

    Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C 
356) is repealed.

SEC. 2. REPEAL OF CERTIFICATION OF ANTIBIOTICS.

    Section 507 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
357) is repealed.

SEC. 3. CONFORMING AMENDMENT.

    Section 505 (21 U.S.C. 355) is amended by adding at the end the 
following:
    ``(n)(1) On and after the date of the enactment of this subsection, 
antibiotic drugs shall be considered new drugs subject to this section. 
Except as provided in paragraph (2), an antibiotic drug certified 
pursuant to section 507 before such date of enactment or exempted from 
certification pursuant to such section before such date of enactment 
shall be considered a new drug for which an application has been filed 
pursuant to subsection (b) and approved for safety and effectiveness 
pursuant to subsection (c) or, in the case of an abbreviated 
application under section 507, shall be considered a new drug for which 
an application has been filed and approved pursuant to subsection (j).
    ``(2) Subsection (c)(3)(D) or (j)(4)D) shall not apply to an 
antibiotic drug certified or exempted from certification pursuant to 
section 507 before the date of the enactment of this subsection. 
Subsection (c)(3)(D) or (j)(4)(D) shall apply to such antibiotic drug 
if, subsequent to the date of the enactment of this subsection, the 
conditions of approval of such drug are changed.''.
                                 <all>
```
**CERTIFICATION OF THE CHIEF FINANCIAL OFFICER OF**

**CHINA GREEN CREATIVE, INC.**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**§ 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of China Green Creative, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Deng Lin, Chief Financial Officer of the Company, do hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, based on my knowledge, 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/ *Deng Lin*        
**Deng Lin**

**Chief Financial Officer**

**August 23, 2010**

This certification accompanies the Report pursuant to § 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 §18 of the Securities Exchange Act of 1934, as amended. |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
104TH CONGRESS

2D SESSION H. R. 4133

AN ACT

To designate the United States courthouse to be

Stokes United States Courthouse’’.Roads, in Cleveland, Ohio, as the ‘‘Carl B.constructed at the corner of Superior and Huron
104TH CONGRESS

2D SESSION H. R. 4133

AN ACT

To designate the United States courthouse to be constructed

at the corner of Superior and Huron Roads, in Cleveland, Ohio, as the ‘‘Carl B. Stokes United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4133 EH

1 SECTION 1. DESIGNATION.

2 The United States courthouse to be constructed at

3 the corner of Superior and Huron Roads, in Cleveland,

4 Ohio, shall be known and designated as the ‘‘Carl B.

5 Stokes United States Courthouse’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the United

9 States courthouse referred to in section 1 shall be deemed

10 to be a reference to the ‘‘Carl B. Stokes United States

11 Courthouse’’.

Passed the House of Representatives September 27,

1996.

Attest:

Clerk.
<PAGE>

                                                                    Exhibit 31.4
                                                                    ------------

I, Leslie H. Gordon, certify that:

         1. I have reviewed this Amendment No. 1 to Form 10-K/A of A.C. Moore
Arts & Crafts, Inc.;

         2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report.


Date: April 26, 2006          By:  /s/ Leslie H. Gordon
                                   --------------------------------------------
                                   Leslie H. Gordon
                                   Executive Vice President and Chief Financial
                                   Officer (principal financial officer)
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Harold Bunkley,

Plaintiff,

v. Case No. 09-12784

Federal Express Corporation, Inc. et al., Honorable Sean F. Cox

Defendants.

_________________________________/

ORDER OF DISMISSAL

Acting pro se, Plaintiff Harold Bunkley (“Bunkley”) filed this action against Defendants

on July 14, 2009. Bunkley did not request to proceed in forma pauperis and paid the $350.00

filing fee to initiate this action.

As of December 18, 2009, however, Bunkley had not served the complaint or taken any

other action in this case. Accordingly, on December 18, 2009, this Court issued an Order to

Show Cause (Docket Entry No. 2), directing Bunkley to show cause in writing why this case

should not be dismissed for failure to prosecute.

Bunkley filed a timely response on January 8, 2010, wherein he states that he would like

to pursue his case but, due to financial hardship, he has been unable to find counsel to represent

him in this matter. Bunkley asks that he be allowed more time to retain counsel. (Docket Entry

No. 3). 

Having considered Bunkley’s response, and the length of time that this action has already

been pending, the Court granted Bunkley’s request for more time to find counsel in an Order

issued on February 10, 2010. That Order stated:
The Court hereby ORDERS that within thirty (30) days of the date of this Order,

Bunkley must either: 1) proceed in this action pro se; or 2) obtain counsel to

represent him. If no action has been taken within thirty days of the date of this

Order, then this Court will DISMISS THIS ACTION WITHOUT

PREJUDICE.

(Docket Entry No. 4).

Although more than 30 days have passed, Bunkley has not taken any action as a pro se

plaintiff, has not served the Defendant, and has not retained counsel. Accordingly, IT IS

ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: April 2, 2010

I hereby certify that on April 2, 2010, a copy of the foregoing document was served upon Harold

Bunkley via First Class Mail at the address below:

Harold M.. Bunkley

14421 Artesian

Detroit, MI 48223

S/J. Hernandez 

Case Manager
#### Nancy HOTZ, Respondent, v. Gary BOONE, Appellant.

No. 66567.

Missouri Court of Appeals, Eastern District, Division Three.

Sept. 19, 1995.

Lawrence G. Gillespie, Webster Groves, for appellant.

Julius H. Berg, St. Louis, for respondent.

Before SMITH, P.J., and GARY M. GAERTNER and RHODES, JJ.

*ORDER*

PER CURIAM.

AppellanVCross-Respondent, Nancy Hotz (“mother”), appeals from an order entered by the Circuit Court of the County of St. Louis finding she waived by acquiescence her claim to certain sums of past due child support, and awarding her $9,333.00 as and for child support arrearage. Respondent/Cross-Appellant, Gary Boone (“father”), cross-appeals the circuit court’s finding that mother’s acquiescence ended when she filed a motion to modify the original child support judgment. We affirm.

We have reviewed the briefs of the parties and the legal file and find the order of the circuit court is supported by substantial evidence and is not against the weight of the evidence, and no error of law appears. As we further find no jurisprudential purpose would be served by a written opinion, we affirm the order of the circuit court pursuant to Rule 84.16(b).
Exhibit 32.1



CEO and CFO CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. Section 1350)



Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, Edward B. Wilson, President and Chief Executive Officer, and John T. Hendrick, Chief Financial Officer, of Akesis Pharmaceuticals, Inc. (the Company), hereby certify that to
the best of our knowledge:



1. The Companys Annual Report
on Form 10-K for the fiscal year ended December 31, 2005, and to which this certification is attached as Exhibit 32.1 (the Periodic 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 this Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



By:

/s/    EDWARD B. WILSONEdward B. Wilson,President, Chief Executive Officer and DirectorBy:

/s/    JOHN T. HENDRICKJohn T. Hendrick,Chief Financial Officer




Date: April 28, 2006
Exhibit 32.2



Correctional Services Corporation



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 Correctional Services Corporation, (the Company) on Form 10-K for the year ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Bernard A. Wagner, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                 
|-------------------------------------------------
|/s/ Bernard A. Wagner                            
|Bernard A. Wagner                                
|Senior Vice President and Chief Financial Officer

March 30, 2005



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



A certification furnished pursuant to this item will not be deemed filed for purposes of Section 18 of the Exchange Act [15 U.S.C. 78r], or otherwise subject to the liability of that section. Such certification will not be
deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the registrant specifically incorporates it by reference
104TH CONGRESS

2D SESSION H. R. 4083

AN ACT

To extend certain programs under the Energy Pol1997. icy and Conservation Act through September 30,
104TH CONGRESS

2D SESSION H. R. 4083

AN ACT

To extend certain programs under the Energy Policy and

Conservation Act through September 30, 1997.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4083 EH

1 SECTION 1. ENERGY POLICY AND CONSERVATION ACT

2 AMENDMENTS.

3 The Energy Policy and Conservation Act is amend4 ed—

5 (1) by amending section 166 (42 U.S.C. 6246)

6 to read as follows:

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 166. There are authorized to be appropriated

9 for fiscal year 1997 such sums as may be necessary to

10 implement this part.’’;

11 (2) in section 181 (42 U.S.C. 6251) by striking

12 ‘‘June 30, 1996’’ both places it appears and insert13 ing in lieu thereof ‘‘September 30, 1997’’;

14 (3) by adding at the end of section 256(h) (42

15 U.S.C. 6276(h)) ‘‘There are authorized to be appro16 priated for fiscal year 1997 such sums as may be

17 necessary to carry out this part.’’; and

18 (4) in section 281 (42 U.S.C. 6285) by striking

19 ‘‘June 30, 1996’’ both places it appears and insert20 ing in lieu thereof ‘‘September 30, 1997’’.

Passed the House of Representatives 24, 1996.

Attest:

Clerk.
EXHIBIT 32.2  In connection with the accompanying Quarterly Report of Opencell Biomed Inc. (the Company) on Form 10-QSB for the quarter ending August 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mislav Pavelic, in my capacities set forth below 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 my 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 operations of the Company.   October 20, 2008 /s/ Mislav Pavelic Mislav Pavelic, President (as Principal Financial Officer)
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4133 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4133

  To designate the United States courthouse to be constructed at the 
 corner of Superior and Huron Roads, in Cleveland, Ohio, as the ``Carl 
                 B. Stokes United States Courthouse''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 1996

Mr. LaTourette (for himself, Mr. Stokes, Mr. Gilchrest, Mr. Traficant, 
 Mr. Regula, Ms. Eddie Bernice Johnson of Texas, Mr. Oberstar, and Mr. 
   Mascara) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To designate the United States courthouse to be constructed at the 
 corner of Superior and Huron Roads, in Cleveland, Ohio, as the ``Carl 
                 B. Stokes 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 to be constructed at the corner of 
Superior and Huron Roads, in Cleveland, Ohio, shall be known and 
designated as the ``Carl B. Stokes 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 ``Carl B. Stokes 
United States Courthouse''.
                                 <all>
```
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT OM A R ANTONIO FUNES, AKA Om ar He rnande z Esc a l e ra , Pe titione r, v. LORETTA E. LYNC H, Attorne y Ge ne ra l, R

e sponde n t . No. 13-72477 Age n c y No. A094-449-640 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

June 22, 2015 ** B e fore : HAW K INS, GR AB ER , a nd W . FLETC H ER , C irc uit Judge s . Om ar Antonio Fune s, a

native and c itiz e n of El Sa lva dor, pe titions for re vie w of the B oa

rd of Im m igration Appe a ls’ orde r dism issing his a p pe a l from

an im m igration judge ’ s de c i sion de ny i ng his a pplic at ion for a s y lum , withholding of re m ova l, a

nd prote c tion unde r the C onve ntion Aga i nst Torture(“ C AT” ). W e have 

# FIL ED JUL 07 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).jurisdic tion unde r 8 U.S.C . § 1252. W e re vie w for substa ntia l e vide n c e the a ge nc y ’ s fa c tua l findings. Silay a v . Muk a se y , 524 F.3d 1066, 1070 (9th C ir. 2008). W e de ny the pe tition for re vie w . Fune s doe s not c onte nd tha t he suffe re d pa st pe rse c ution, but c la im s a fe ar of future pe rse c ut ion a

nd torture . Substa ntia l e v i de nc e supports the a ge nc y ’ s de te rm ination tha t Fune s did not e sta blish a we ll-founde d fe ar of pe rse c ution on a c c o unt of a prote c te d ground. Se e N agoulk o v . IN S , 333 F.3d 1012, 1018 (9th C i r. 2003) (possibility of pe rse c ution wa s “ too spe c ulative ” ). B e c a use Fune s fa i le d to m e e t the lowe r sta nda rd of proof for a s y lum , his c la im for withholding of rem ova l ne c e ssa rily fa ils. Se e Ze haty e v . Gonzale s , 453 F.3d 1182, 1190 (9th C ir. 2006). Fina lly , substa

ntia l e v ide nc e supports the a ge nc y ’ s de nia l of C AT re lie f be c a use Fune s fa i le d to e sta

b lish it is m

ore like ly tha n not he would be torture d at the i nstiga

tion of or with the a c quie sc e nc e of the gove rnm e n t if re turne d to El Sa lva d or. Se e Silay a , 524 F.3d a t 1073. PE T IT IO N FO R RE V IE WDE NIE D.

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