alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED January 29, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51013 Summary Calendar

JAMES GREGORY LYNN, Plaintiff-Appellant,

versus JANIE COCKRELL, in her official capacity; TERRY R. HASSEL, Head Warden; JIMMY R. LAWSON, Major; BENNY H. BOYKIN, Captain; JOE R. ALDERMAN, Substitute Counselor, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-03-CV-207

-------------------- Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM: * James Gregory Lynn, Texas prisoner #636695, moves for leave to proceed in forma pauperis (IFP) to appeal the district court’s dismissal of his civil rights complaint, filed pursuant to 42 U.S.C. § 1983, as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Lynn’s motion is a challenge to the district court’s certification that hisNo. 03-51013 -2- appeal is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). As an initial matter, Lynn has abandoned his claim against Cockrell by failing to brief it adequately. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993) (arguments not briefed on appeal are deemed abandoned). Lynn avers that Hassel, Lawson, Boykin, and Alderman filed and prosecuted false disciplinary cases against him in retaliation for his having filed a prior lawsuit against them. Because an inmate is not required to demonstrate a favorable outcome of a disciplinary case if he is alleging a retaliatory motive, the district court abused its discretion in determining that the retaliation claims against Hassel, Lawson, Boykin, and Alderman were barred by Heck v. Humphrey , 512 U.S. 477 (1994).
See Woods v. Smith , 60 F.3d 1161, 1164-66 (5th Cir. 1995). Thus, the district court erred in certifying that Lynn was not entitled to proceed IFP on appeal. Therefore, Lynn’s motion to proceed IFP on appeal is GRANTED. However, the dismissal of the retaliation claims against Hassel, Lawson, Boykin, and Alderman is AFFIRMED on the basis that Lynn failed to allege facts to support an arguable claim of retaliation. See Hanchey v. Energas Co. , 925 F.2d 96, 97 (5th Cir. 1990); Woods , 60 F.3d at 1164-66.
IFP GRANTED; AFFIRMED.
### [§2680. Repealed. Pub. L. 111–383, div. B, title XXVIII, §2814(a), Jan. 7, 2011, 124 Stat. 4464]

Section, added Pub. L. 102–190, div. B, title XXVIII, §2863(a)(1), Dec. 5, 1991, 105 Stat. 1560; amended Pub. L. 103–160, div. B, title XXVIII, §2807(a), Nov. 30, 1993, 107 Stat. 1887; Pub. L. 104–106, div. B, title XXVIII, §2820(a), (b), Feb. 10, 1996, 110 Stat. 556; Pub. L. 106–65, div. A, title X, §1067(1), div. B, title XXVIII, §2811, Oct. 5, 1999, 113 Stat. 774, 851; Pub. L. 107–314, div. A, title X, §1062(a)(13), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–136, div. A, title X, §1031(a)(31), Nov. 24, 2003, 117 Stat. 1600, related to leases of land for special operations activities.

#### **Editorial Notes**

#### Prior Provisions

A prior section 2680, added Pub. L. 87–651, title I, §112(c), Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 89–718, §20, Nov. 2, 1966, 80 Stat. 1118, authorized reimbursement of moving expenses to owners of property acquired for public works projects, prior to repeal by Pub. L. 91–646, title II, §220(a)(3), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42, The Public Health and Welfare.

#### **Statutory Notes and Related Subsidiaries**

#### Effect of Repeal

Pub. L. 111–383, div. B, title XXVIII, §2814(b), Jan. 7, 2011, 124 Stat. 4464, provided that: "The amendment made by subsection (a) [repealing this section] shall not affect the validity of any contract entered into under section 2680 of title 10, United States Code, on or before September 30, 2005."
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FIL ED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT DEPARTMENT OF HIGHWAY ) SAFETY AND MOTOR VEHICLES, ) ) Petitioner, ) ) v. ) Case No. 2D13-4258 ) KEITH GAPUTIS, ) ) Respondent. )

________________________ ___________ ) Opinion filed August 8, 2014.

Petition for Writ of Ce rtiorari to the Circuit Court for the Sixth J udicial Circuit for Pinellas County; sitting in its appellate capacity. Stephen D. Hurm, Ge neral Counsel and Damaris E. Reynolds, Assistant General Counsel, Department of Highway Safety & Motor Vehicles, Talla hassee, for Petitioner. Anne Morris of Isaak Law, PLLC, Tampa, for Respondent.

LaROSE, Judge.- 2 - The Department of Highway Safety & Motor Vehicles seeks certior ari relief from the circuit court's order gr anting Keith Gaputis's writ of prohibition. We have jurisdiction. See Fla. R. App. P . 9.030(b)(2)(B). We deny the petition.

This case involves a driver' s license suspension. See § 322.26 15(1), Fla. Stat. (2011). After a formal review hearing, see § 322.2615(6) , the Department entered a final order upholding Mr. Gaput is's license suspension. By c ertiorari petition to the circuit court, Mr. Gaputis chall enged the Department's final or der. See §§ 322.2615(14), .31. He argued that he had been denied proced ural due process in the Department's admin istrative hearing process. The circuit c ourt agreed, granted the petition, and quashed the D epartment's final order.

The circuit court did not remand the matter to the Department. However, the Department attempted to pro ceed with another formal adminis trative review hearing. Mr. Gaputis then filed a petition for writ of prohibition in th e circuit court because his suspension period had expired. T he circuit court granted the p etition. It found controlling McLaughlin v. Departmen t of Highway Safety & Motor Vehicles, 128 So. 3d 815, 815 (Fla. 2d DCA 2012) (noti ng that when the Department ad ministratively suspends a driver's license, and the suspension period expires while a matter is under review but the department seeks fu rther formal administrative h earings, the circuit court should quash the administrativ e order, rather than quash and re mand for further proceedings; "no further proceedings are necessary on remand be cause the issue of the validity of the suspension of [the] driver's license is moo t"). The Department now claims, incorrectly, that the circuit court applied the wrong law. As we recently stat ed in Forth v. Department of Hig hway Safety & Motor- 3 - Vehicles, 39 Fla. L. Weekly D1 352 (Fla. 2d DCA June 27, 2014), McLaughlin is the correct applicable law.

Petition denied.

ALTENBERND and KELLY, JJ., Concur.
Exhibit 31.1



CERTIFICATIONS



I, John J. Legere, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Global Crossing Limited;



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;



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present
in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d -15(e)) for the registrant and have:



(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors:



(a) All significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



(b) Any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal control over financial reporting.



Date:
October 8, 2004



|                                      
|--------------------------------------
|/s/    JOHN J. LEGERE                 
|John J. Legere Chief Executive Officer
EXHIBIT 31.1



CHIEF EXECUTIVE OFFICER CERTIFICATION

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY
ACT OF 2002



I, Timothy S. Krieger, certify that:



| | 1. | I have reviewed this Report on Form 10-K/A of Twin Cities Power Holdings,
                                                           LLC;
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------



| | 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 7, 2014







/s/ Timothy S. Krieger

Timothy S. Krieger

Chairman of the Board, Chief Executive
Officer, and President
§ 211.7 Environmental studies. ( a ) The Secretary shall ensure that all environmental studies are prepared as required by the National Environmental Policy Act of 1969 (NEPA) and the regulations promulgated by the Council on Environmental Quality (CEQ), found in 40 CFR parts 1500 through 1508.
( b ) The Secretary shall ensure that all necessary surveys are performed and clearances obtained in accordance with 36 CFR parts 60, 63, and 800 and with the requirements of the Archaeological and Historic Preservation Act (16 U.S.C. 469 *et seq.*), the National Historic Preservation Act (16 U.S.C. 470 *et seq.*), The American Indian Religious Freedom Act (42 U.S.C. 1996), and Executive Order 11593, Protection and Enhancement of the Cultural Environment (3 CFR, 1971 through 1975 Comp., p. 559). If these surveys indicate that a mineral development will have an adverse effect on a property listed on or eligible for listing on the National Register of Historic Places, the Secretary shall: ( 1 ) Seek the comments of the Advisory Council on Historic Preservation, in accordance with 36 CFR part 800;
( 2 ) Ensure that the property is avoided, that the adverse effect is mitigated, or;
( 3 ) Ensure that appropriate excavations or other related research is conducted and ensure that complete data describing the historic property is preserved.
[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Notices]
[Page 10389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4125]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT922200-11-L13100000-FI0000-P;MTM 96122]


Notice of Proposed Reinstatement of Terminated Oil and Gas lease 
MTM 96122

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: Per 30 U.S.C. 188(d), Oasis Petroleum North America LLC timely 
filed a petition for reinstatement of competitive oil and gas lease MTM 
96122, Richland County, Montana. The lessee paid the required rental 
accruing from the date of termination.
    No leases were issued that affect these lands. The lessee agrees to 
new lease terms for rentals and royalties of $10 per acre and 16\2/3\ 
percent. The lessee paid the $500 administration fee for the 
reinstatement of the lease and $163 cost for publishing this Notice.
    The lessee met the requirements for reinstatement of the lease per 
Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). 
We are proposing to reinstate the lease, effective the date of 
termination subject to:
    <bullet> The original terms and conditions of the lease;
    <bullet> The increased rental of $10 per acre;
    <bullet> The increased royalty of 16\2/3\ percent; and
    <bullet> The $163 cost of publishing this Notice.

FOR FURTHER INFORMATION CONTACT: Teri Bakken, Chief, Fluids 
Adjudication Section, Bureau of Land Management Montana State Office, 
5001 Southgate Drive, Billings, Montana 59101-4669, 406-896-5091.

Teri Bakken,
Chief, Fluids Adjudication Section.
[FR Doc. 2011-4125 Filed 2-23-11; 8:45 am]
BILLING CODE 4310-DN-P
Exhibit 10.5.2


 


THIS PROMISSORY NOTE (“NOTE”) TO WHICH THIS AMENDMENT RELATES
HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). SUCH NOTE, AS AMENDED, HAS BEEN
ACQUIRED FOR INVESTMENT ONLY AND MAY NOT BE SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF REGISTRATION OF THE RESALE THEREOF UNDER THE
SECURITIES ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY IN FORM, SCOPE AND SUBSTANCE TO THE COMPANY THAT SUCH REGISTRATION IS
NOT REQUIRED.


 


SECOND AMENDMENT TO PROMISSORY NOTE


 


	Principal Amount: 	
    up to $350,000 (consisting of the original principal amount of
$300,000 and an additional principal amount of $50,000) 
 	Dated as of November 15, 2021


(as set forth on the Schedule of Borrowings attached hereto)


 


Cartica Acquisition Corp, a Cayman Islands exempted
company and blank check company (the “Maker”), hereby amends its promissory note dated as of February 9, 2021, as amended
September 20, 2021, to:


 


	 	(a)	revise the date on which the principal balance of this Note shall be payable by the Maker to be the earlier of: (i) March 31, 2022 or (ii) the date on which Maker consummates an initial public offering of its securities (the “IPO”).


 


All of the other terms of the promissory note dated
as of February 9, 2021, as amended September 20, 2021, remain unchanged and in effect.


  


[Signature page follows]






     


     


    

 


IN WITNESS
WHEREOF, Maker, intending to be legally bound hereby, has caused this Note to be duly executed by the undersigned as of the
day and year first above written.


 


	 	CARTICA ACQUISITION CORP
	 	A Cayman Islands exempted company
	 	 	 
	 	By:	/s/ C. Brian Coad
	 	 	Name:  C. Brian Coad
	 	 	Title:    Chief Operating Officer and Chief Financial Officer


 


[Signature Page to Promissory Note]


 






     


     


    

 


SCHEDULE OF BORROWINGS


 


The following increases or decreases in this Promissory Note have been
made:


 


	Date of 
 Increase or 
 Decrease	 	Amount of decrease in 
 Principal Amount of this 
 Promissory Note	 	Amount of increase in 
 Principal Amount of this 
 Promissory Note	 	 	Principal Amount of this 
 Promissory Note following such 
 decrease or increase	 
	September 20, 2021	 	NA	 	$	50,000	 	 	$	350,000
H. Res. 570

In the House of Representatives, U.S.,

September 7, 2000.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 4115) to authorize appropriations for the

United States Holocaust Memorial Museum, and for other

purposes. The first reading of the bill shall be dispensed with.

All points of order against consideration of the bill are

waived. General debate shall be confined to the bill and shall

not exceed one hour equally divided and controlled by the

chairman and ranking minority member of the Committee on

Resources. After general debate the bill shall be considered

for amendment under the five-minute rule. It shall be in

order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature

of a substitute recommended by the Committee on Resources

now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of
2

•HRES 570 EH

order against the committee amendment in the nature of a

substitute are waived. During consideration of the bill for

amendment, the Chairman of the Committee of the Whole

may accord priority in recognition on the basis of whether the

Member offering an amendment has caused it to be printed

in the portion of the Congressional Record designated for

that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during

further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce

to five minutes the minimum time for electronic voting on

any postponed question that follows another electronic vote

without intervening business, provided that the minimum

time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration

of the bill for amendment the Committee shall rise and report

the bill to the House with such amendments as may have

been adopted. Any Member may demand a separate vote in

the House on any amendment adopted in the Committee of

the Whole to the bill or to the committee amendment in the

nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final
3

•HRES 570 EH

passage without intervening motion except one motion to recommit with or without instructions.

Attest:

Clerk.
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk May 16, 2012

d0515 

# Order

May 16, 2012

145046 & (17)(18)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 145046 COA: 309285 Oakland CC: 2012-009591-AR KEVIN AARON LANDAU, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to a ppeal the April 18, 2012 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that th e questions presented should be reviewed by this Court. The motio n for stay is DENIED.
IV

House Calendar No. 218

106TH CONGRESS

2D SESSION H. RES. 489

[Report No. 106–607]

Waiving points of order against the conference report to accompany the

bill (H.R. 434) to authorize a new trade and investment policy for

sub-Sahara Africa.

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 2000

Mr. REYNOLDS from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (H.R. 434) to authorize a new trade

and investment policy for sub-Sahara Africa.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to consider the conference report to ac3 company the bill (H.R. 434) to authorize a new trade and

4 investment policy for sub-Sahara Africa. All points of

5 order against the conference report and against its consid6 eration are waived. The conference report shall be consid7 ered as read.
House Calendar No. 218

106TH CONGRESS

2D SESSION H. RES. 489

[Report No. 106–607]

RESOLUTION

Waiving points of order against the conference

report to accompany the bill (H.R. 434) to authorize a new trade and investment policy forsub-Sahara Africa.

MAY 4, 2000

Referred to the House Calendar and ordered to be

printed
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 564 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         July 27, 2000.
    Resolved, That upon the adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 4865) to amend the Internal Revenue Code of 
1986 to repeal the 1993 income tax increase on Social Security benefits. The 
bill shall be considered as read for amendment. All points of order against the 
bill and against its consideration are waived. The amendment recommended by the 
Committee on Ways and Means now printed in the bill shall be considered as 
adopted. The previous question shall be considered as ordered on the bill, as 
amended, and on any further amendment thereto to final passage without 
intervening motion except: (1) one hour of debate on the bill, as amended, 
equally divided and controlled by the chairman and ranking minority member of 
the Committee on Ways and Means; (2) the further amendment printed in the report 
of the Committee on Rules accompanying this resolution, if offered by 
Representative Pomeroy of North Dakota or his designee, which shall be in order 
without intervention of any point of order, shall be considered as read, and 
shall be separately debatable for one hour equally divided and controlled by the 
proponent and an opponent; and (3) one motion to recommit with or without 
instructions.
            Attest:

                                                                          Clerk.
```
No. 89-6664.

#### Quimby *v.*McMackin, Superintendent, Marion Correctional Institution.

C. A. 6th Cir. Certiorari denied.