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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION 

DAWN RESOP, 

Plaintiff, 

v. Case No. 09-12548

Hon. Lawrence P. Zatkoff 

COMMISSIONER OF

SOCIAL SECURITY 

Defendant. 

 /

OPINION AND ORDER ADOPTING

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

This matter comes before the Court on Magistrate Judge Scheer’s Report and

Recommendation [dkt 15], in which the Magistrate Judge recommends that the Court deny

Plaintiff’s motion for summary judgment [dkt 10] and grant Defendant’s motion for summary

judgment [dkt 13]. Neither party has filed an objection to the Report and Recommendation, and the

time period in which to do so has elapsed. 

The Court has thoroughly reviewed the court file and the Report and Recommendation. As

a result of that review, the Court ADOPTS the Report and Recommendation and enters it as the

findings and conclusions of this Court.

 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for summary judgment [dkt

10] is DENIED.
2

IT IS FURTHER ORDERED that Defendant’s motion for summary judgment [dkt 13] is

GRANTED.

IT IS SO ORDERED.

S/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE

Dated: February 17, 2010

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Order was served upon the attorneys of record

by electronic or U.S. mail on February 17, 2010.

S/Marie E. Verlinde 

Case Manager

(810) 984-3290
EXHIBIT
32.1





STATEMENT
OF CHIEF EXECUTIVE OFFICER


PURSUANT
TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE








Pursuant
to Section 1350 of Title 18 of the United States Code, the undersigned, Fred
O’Connor, Chief Executive Officer of Biofuels Power Corporation (the "Company"),
hereby certifies that:





The
Company's Form 10-Q Quarterly Report for the period ended March 31, 2009 (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





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








/s/
      Fred O’ConnorFred
      O’Connor, Chief Executive OfficerDated:
      June 22, 2009
#### Arthur VREDENBURGH, et al., Appellant, v. SCENIC VIEW ACRES HOMEOWNERS ASSOC., et al., Respondent.

No. 65072.

Missouri Court of Appeals, Eastern District, Division Four.

July 12, 1994.

Steven Mark Davis, Arnold, for appellant.

Robert L. Brown, Arnold, for respondent.

Before GRIMM, P.J., and CARL R. GAERTNER and AHRENS, JJ.

*ORDER*

PER CURIAM.

Plaintiffs’ appeal from the judgment of the Circuit Court of Jefferson County upholding the validity of subdivision restrictions and assessments levied thereunder. We affirm.

We find the single claim of error to be without merit; no error of law appears and the findings and conclusions of the trial court are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. Only the parties have been furnished with a memorandum setting forth the reason for this order affirming the judgment pursuant to Rule 84.16(b).
<TABLE>

<CAPTION>


EXHIBIT 11
                                 Computation of Earnings Per Share

                                             UNAUDITED

                                                                 Twelve Months Ended
                                                                    September 30,
                                                        2003                             2002
                                                  -----------------                -----------------
<S>                                               <C>                              <C>

Shares Outstanding Beginning of Period                  29,090,050                        7,770,050

Shares Issued During Period:                               200,000                       21,320,000


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

Total Outstanding                                       29,290,050                       29,090,050

Weighted average number of shares outstanding            4,230,361                       24,754,197

Shares deemed outstanding from assumed
exercise of stock options                                        -                                -
                                                  -----------------                -----------------

Total                                                    4,230,361                       24,754,197
                                                  =================                =================

Earnings (loss) applicable to common shares             $ (911,957)                     $ 4,345,703
                                                  =================                =================

Earnings (loss) per share of common stock                 $ (0.030)                         $ 0.180
                                                  =================                =================

</TABLE>
EXHIBIT 32.1





CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of YaFarm Technologies, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Zhiguang Zhang, Chief Executive 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 Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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










Dated: August 15, 2011/s/ Zhiguang ZhangBy:
Zhiguang ZhangChief Executive Officer








A signed original of this written statement required by Section 906 has been provided to YaFarm Technologies, Inc. and will be retained by YaFarm Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>
RESTATED FINANCIAL DATA SCHEDULE FOR THE FISCAL YEARS ENDED DECEMBER 31, 1997
</LEGEND>
<MULTIPLIER> 1
       
<S>                            <C>              
<PERIOD-TYPE>                  12-MOS           
<FISCAL-YEAR-END>              DEC-31-1997      
<PERIOD-START>                 JAN-01-1997      
<PERIOD-END>                   DEC-31-1997      
<CASH>                           1,568,091      
<SECURITIES>                             0      
<RECEIVABLES>                    1,181,083      
<ALLOWANCES>                             0      
<INVENTORY>                              0      
<CURRENT-ASSETS>                 2,859,855      
<PP&E>                          35,499,590      
<DEPRECIATION>                  17,127,846      
<TOTAL-ASSETS>                  21,309,640      
<CURRENT-LIABILITIES>            3,491,752      
<BONDS>                                  0      
<PREFERRED-MANDATORY>                    0      
<PREFERRED>                              0      
<COMMON>                            72,255      
<OTHER-SE>                      17,745,633      
<TOTAL-LIABILITY-AND-EQUITY>    21,309,640      
<SALES>                          3,045,447      
<TOTAL-REVENUES>                 3,630,601      
<CGS>                              436,243      
<TOTAL-COSTS>                   14,666,745      
<OTHER-EXPENSES>                         0      
<LOSS-PROVISION>                         0      
<INTEREST-EXPENSE>                       0      
<INCOME-PRETAX>                (11,036,144)     
<INCOME-TAX>                             0      
<INCOME-CONTINUING>            (11,036,144)     
<DISCONTINUED>                           0      
<EXTRAORDINARY>                          0      
<CHANGES>                                0      
<NET-INCOME>                   (11,036,144)     
<EPS-PRIMARY>                        (1.53)     
<EPS-DILUTED>                        (1.53)     
                                                
                                                     





</TABLE>
**EXHIBIT 23.1**

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

 

We have issued our report dated March 8, 2005, accompanying the consolidated financial statements of Correctional Services Corporation andSubsidiaries that are included in the Company’s Form 10-K for the year ended December 31, 2004. We hereby consent to the incorporation by reference of said report in the Registration Statement of Correctional Services Corporation andSubsidiaries on Form S-8, Registration No. 333-76353, effective April 15, 1999, and Form S-8, Registration No. 333-16537, effective November 21, 1996. 

 

/s/ GRANT THORNTON LLP 

 

Tampa, Florida 

March 8, 2005
Exhibit 32

Certification of Chief Executive Officer and Chief Financial Officer Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

     Dana C.  Gavenda,  Chief  Executive  Officer and President of FSB Community
Bankshares, Inc., (the "Company") and Kevin D. Maroney, Executive Vice President
and Chief Financial  Officer of the Company,  each certify in his capacity as an
officer of the Company that he has reviewed the quarterly  report on Form 10-Q/A
for the quarter ended March 31, 2008 (the  "Report") and that to the best of his
knowledge:

     1.   the Report fully complies with the  requirements  of Sections 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.





Date:  August 8, 2008                      /s/ Dana C. Gavenda
                                           ------------------------------------
                                           Dana C. Gavenda
                                           President and Chief Executive Officer



Date:  August 8, 2008                      /s/ Kevin D. Maroney
                                           ------------------------------------
                                           Kevin D. Maroney
                                           Executive Vice President and Chief
                                           Financial Officer



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 and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DARRYL MCGORE,

Plaintiff,

Case No. 2:09-CV-13031

v. Hon. Lawrence P. Zatkoff 

OFFICER LUTZ, et al.,

Defendants.

 /

ORDER DENYING MOTION TO AMEND COMPLAINT

Before the Court is Plaintiff’s motion to amend his civil rights complaint brought under 42

U.S.C. § 1983. The Court previously denied him permission to proceed without prepayment of the

filing fee and dismissed his complaint without prejudice pursuant to the “three strikes” rule of 28

U.S.C. § 1915(g). The Court also previously denied Plaintiff’s motion to vacate and amend

judgment, brought pursuant to Fed. R. Civ. P. 59(e). 

The non-prejudicial dismissal of this action under 28 U.S.C. § 1915(g) was appropriate. To

the extent that Plaintiff seeks reconsideration of the Court’s dismissal order, he is not entitled to

relief. A motion for reconsideration that presents issues already ruled upon by the court, either

expressly or by reasonable implication, will not be granted. See Hence v. Smith, 49 F. Supp. 2d 547,

550 (E.D. Mich. 1999); Czajkowski v. Tindall & Assoc., P.C., 967 F. Supp. 951, 952 (E.D. Mich.

1997). Plaintiff has not met his burden of showing a palpable defect by which the Court has been

misled or his burden of showing that a different disposition must result from a correction thereof,

as required by Local Rule 7.1(g)(3).

2:09-cv-13031-LPZ-CEB Doc # 14 Filed 09/11/09 Pg 1 of 3 Pg ID 105
2

Additionally, Plaintiff’s request to amend his civil rights complaint to cure a perceived defect

in his initial pleadings must be denied given the Court’s dismissal of his complaint. The Court may

not permit Plaintiff to amend his complaint to defeat dismissal under the Prison Litigation Reform

Act. See, e.g., Baxter v. Rose, 305 F.3d 486, 488-89 (6th Cir. 2002) (citing McGore v.

Wrigglesworth, 114 F.3d 601, 612 (6th Cir. 1997)); see also Wilson v. Reynolds, 172 F.3d 874, at

*1 (6th Cir. 1998) (table opinion) (noting that a district court did not err in dismissing the prisoner

plaintiff’s complaint without allowing him to amend because “[e]ven if [he] had corrected any

deficiencies in his complaint, the district court would still have been required to dismiss the action

under § 1915(g) because of his prior frivolous suits”). Plaintiff has not established that he is “under

imminent danger of serious physical injury” so as to fall within the exception to the three strikes

rule. See Rittner v. Kinder, 290 Fed. Appx. 796, 797-98 (6th Cir. 2008) (citing cases). 

Accordingly, the Court DENIES Plaintiff’s motion to amend. This case is closed. No further

pleadings should be filed in this matter.

IT IS SO ORDERED.

s/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE

Dated: September 11, 2009

2:09-cv-13031-LPZ-CEB Doc # 14 Filed 09/11/09 Pg 2 of 3 Pg ID 106
3

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Order was served upon the attorneys of record

by electronic or U.S. mail on September 11, 2009.

s/Marie E. Verlinde 

Case Manager

(810) 984-3290

2:09-cv-13031-LPZ-CEB Doc # 14 Filed 09/11/09 Pg 3 of 3 Pg ID 107
Exhibit 9

SECTION 1350 CERTIFICATIONS

Pursuant to section 906 of the Sarbanes-Oxley
Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Fairfax Financial Holdings Limited (the Company), hereby certifies, to such officers knowledge,
that:

The Annual Report on Form 40-F for the year ended December 31, 2011 (the Report) of the Company fully
complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                    
|------------------------------------
|/s/ V. Prem Watsa                   
|V. Prem Watsa                       
|Chairman and Chief Executive Officer
|Date: March 20, 2012                

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



---

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Fairfax Financial Holdings Limited (the Company), hereby certifies, to such officers knowledge, that:

The Annual Report on Form 40-F for the year ended December 31, 2011 (the Report) of the Company fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                          
|------------------------------------------
|/s/ John C. Varnell                       
|John C. Varnell                           
|Vice President and Chief Financial Officer
|Date: March 20, 2012                      

A signed original of this written statement required by Section 906 has been provided to Fairfax Financial Holdings
Limited and will be retained by Fairfax Financial Holdings Limited and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 44979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17751]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: U.S. Election Assistance Commission.

ACTION: Notice of Public Meeting (Amended).

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

Date and Time: Tuesday, August 5, 2008, 12 Noon-3 p.m.

Place: U.S. Election Assistance Commission, 1225 New York Ave, NW., 
Suite 150, Washington, DC 20005 (Metro Stop: Metro Center).

Agenda:  Commissioners will hold a workshop discussion on Preparing for 
Election Day 2008 and Statewide Voter Registration Databases. 
Commissioners will consider and vote on whether to modify Advisory 
Opinion 07-003-A regarding Maintenance of Effort (MOE) funding, 
pursuant to HAVA Section 254(a)(7). Commissioners will consider and 
vote on a Proposed Replacement Advisory Opinion 07-003-B Regarding 
Maintenance of Effort. Commissioners will consider a Draft Policy for 
Notice and Public Comment; Commissioners will consider a Draft Policy 
for Joint Partnership Task Force of EAC and State Election Officials 
Regarding Spending of HAVA Funds; Commissioners will consider Proposed 
Administrative Regulations. Commissioners will receive a briefing 
regarding the Research Department Work Plan. The Commission will 
consider other administrative matters.
    This meeting will be open to the public.

Person To Contact For Information:  Bryan Whitener, Telephone: (202) 
566-3100.

Rosemary E. Rodriguez,
Chair, U.S. Election Assistance Commission.
[FR Doc. E8-17751 Filed 7-31-08; 8:45 am]
BILLING CODE 6820-KF-P
#### STATE of Missouri, Respondent, v. Lautha ANDERSON, Appellant. Lautha ANDERSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Nos. 67895, 70120.

Missouri Court of Appeals, Eastern District, Division Four.

Feb. 18, 1997.

David L. Simpson, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for Respondent.

Before RHODES RUSSELL, P.J., and SIMON and KAROHL, JJ.

*ORDER*

PER CURIAM.

Movant-appellant appeals after sentencing on charges of burglary first degree, forcible rape and robbery second degree. He also appeals denial of his Rule 29.15 motion for post conviction relief without an evidentiary hearing. The findings and conclusions of the motion court are not clearly erroneous. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only setting forth the reasons for the order af*669firming the judgment. We affirm the convictions, Rule 30.25(b), and denial of Rule 29.15 relief, Rule 84.16(b).
#### David L. JOHNSON, Plaintiff-Appellant, v. D. C. HENDRICKSON et al., Defendants-Appellees.

No. 72-2801

Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

Dec. 11, 1972.

Marvin J. Zagoria, Atlanta, Ga., for plaintiff-appellant.

George P. Dillard, Robert E. Mozley, Herbert 0. Edwards, Decatur, Ga., for def endants-appellees.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

*

 Rule 18, 5th Cir.; *see*Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.

PER CURIAM:

This appeal from the district court's dismissal of appellant’s claims against fewer than all defendants is dismissed, *sua sponte. See*Rule 54(b), F.R.Civ.P.
I

104TH CONGRESS

2D SESSION H. R. 4325

To amend title XVIII of the Social Security Act to provide hospitals extend

fair visitor privileges to non-family members.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. SCHUMER (for himself, Mr. CAMPBELL, and Mr. SHAYS) introduced the

following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title XVIII of the Social Security Act to provide

hospitals extend fair visitor privileges to non-family members.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Patient’s Compassion

5 and Visitation Act of 1996’’.
2

•HR 4325 IH

1 SEC. 2. REQUIREMENT FOR HOSPITALS TO EXTEND FAIR

2 VISITORS PRIVILEGES TO NON-FAMILY MEM3 BERS.

4 (a) REQUIREMENT.—Title XVIII of the Social Secu5 rity Act is amended by inserting after section 1867 the

6 following new section:

7 ‘‘VISITORS’ FAIR ACCESS

8 ‘‘SEC. 1867A. (a) IN GENERAL.—A hospital or rural

9 primary care hospital shall extend to a visitor of an inpa10 tient who is designated by the inpatient but who is not

11 a relative of the inpatient the same visiting privileges as

12 apply to visitors who are relatives of the inpatient.

13 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

14 be construed as preventing a hospital from establishing

15 rules and procedures governing time, duration, location,

16 age restrictions, and other terms and conditions of inpa17 tient visitation, so long as such terms and conditions do

18 not treat designated visitors who are not relatives dif19 ferently from visitors who are relatives.

20 ‘‘(c) ENFORCEMENT.—The provisions of paragraphs

21 (1)(A) and (2) of subsection (d) of section 1867 (relating

22 to civil monetary penalties and civil enforcement) shall

23 apply to violations of subsection (a) in the same manner

24 as they apply to violations of such section.’’.
3

•HR 4325 IH

1 (b) PART OF HOSPITAL PARTICIPATION AGREE2 MENT.—Section 1866(a)(1) of such Act (42 U.S.C.

3 1395cc(a)(1)) is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (Q),

6 (2) by striking the period at the end of sub7 paragraph (R) and inserting ‘‘; and’’, and

8 (3) by inserting after subparagraph (R) the fol9 lowing new subparagraph:

10 ‘‘(S) in the case of a hospital or rural primary

11 care hospital, to adopt and enforce a policy to ensure

12 compliance with the requirements of section 1867A

13 and to meet the requirements of such section.’’

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall apply to the extension of visiting privi16 leges occurring on or after the first day of the first month

17 that begins more than 45 days after the date of the enact18 ment of this Act.

Æ
#### UNITED STATES of America, v. John C. MYERS, Administrator of the Estate of F. E. Myers, Deceased.

No. 7461.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1938.

E. B. Freed, U. S. Atty., of Cleveland, Ohio, for appellant.

Cannon, Spieth, Taggart, Spring & Ánnat, of Cleveland, Ohio, for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

PER CURIAM.

Pursuant to the stipulation hereto attached, it is hereby ordered, adjudged, and decreed by this court that the appeal taken in this case be, and the same is hereby, dismissed, each of the parties hereto to pay his own costs.

Appeal dismissed.