alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-30836 Conference Calendar

__________________ MELVIN HASSAN TRIBBIT, Plaintiff-Appellant,
versus KELLY WARD; MARTIN FORCHT; DEBBIE SCRIBES; LEWIS, Captain; WILLIS, Sergeant, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 95-CV-426
- - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * Melvin Hassan Tribbit appeals the district court's dismissal without prejudice of his civil rights complaint under 42 U.S.C. § 1983 for failure to pay costs imposed in a previous lawsuit. We have reviewed the record and the district court's opinion and find no reversible error. Because the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2; Howard v. King , 707 F.2d 215, 219- 20 (5th Cir. 1983).No. 95-30836 -2- In addition, we note that Tribbit has already had monetary sanctions imposed on him by this court. In spite of this, Tribbit has continued to file frivolous appeals. Accordingly, IT IS ORDERED that Tribbit is barred from filing any pro se civil appeal in this court, or any initial civil pleading in any court which is subject to this court's jurisdiction, without the advanced written permission of a judge of the forum court. The Clerk of this court and the Clerks of all federal district courts in this circuit are directed to return to Tribbit, unfiled, any attempted submission inconsistent with this bar. APPEAL DISMISSED; SANCTION IMPOSED.
§ 71.38 Reconsideration of initial decision. ( a ) Except as provided in paragraph (d) of this section, any party may file a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be five days from the date of mailing in the absence of contrary proof.
( b ) Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Such motion shall be accompanied by a supporting brief.
( c ) Responses to such motions shall be allowed only upon request of the ALJ.
( d ) No party may file a motion for reconsideration of an initial decision that has been revised in response to a previous motion for reconsideration.
( e ) The ALJ may dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.
( f ) If the ALJ denies a motion for reconsideration, the initial decision shall constitute the final decision of the authority head and shall be final and binding on all parties 30 days after the ALJ denies the motion, unless the initial decision is timely appealed to the authority head in accordance with § 71.39.
( g ) If the ALJ issues a revised initial decision, that decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued, unless it is timely appealed to the authority head in accordance with § 71.39.
### SUBCHAPTER I—COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS
HECO Exhibit 4.1

HECO agrees to furnish to the Securities and Exchange Commission upon request copies of the instruments which define the rights of holders of current and
future long-term debt of HECO, HELCO and MECO, including loan agreements, notes and guarantees issued by them in connection with the issuance for their benefit by the Department of Budget and Finance of the State of Hawaii of special purpose revenue
bonds (including refunding special purpose revenue bonds).



|                                |  |                            
|------------------------------- |  | ---------------------------
|Hawaiian Electric Company, Inc.
|                                | 
|By                              |  | /s/ Richard A. von Gnechten
|                                |  | Richard A. von Gnechten    
|                                |  | Financial Vice President   
|                                | 
|Date:                           |  | March 18, 2003
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published. 

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30126

Conference Calendar

__________________

JOSE F. PUPO,

 Plaintiff-Appellant,

versus

RICHARD L. STALDER, Warden,

 Defendant-Appellee.

_ _ _ _ _ _ _ _ _ _ _

Appeal from the United States District Court

for the Middle District of Louisiana 

USDC No. CA-94-1690

_ _ _ _ _ _ _ _ _ _ _

June 28, 1995

Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Jose F. Pupo, a Louisiana state prison inmate, appeals from

the district court's dismissal of his § 1983 complaint pursuant

to 28 U.S.C. § 1915(d). Pupo does not address the district

court's determination that he has no standing, but argues instead

that the court abused its discretion because he presented the

nonfrivolous issues (1) whether the district court should oversee

prison officials' adherence to the court-approved administrative
No. 95-30126

-2-

grievance procedure, and (2) whether the failure to apply the

grievance procedure correctly is a constitutional violation. 

States are authorized "to set up prison grievance procedures

which district courts can order prisoners to exhaust before

proceeding with their civil rights suits." Martin v.

Catalanotto, 895 F.2d 1040, 1041 (5th Cir. 1990); see 42 U.S.C. 

§ 1997e. Such procedures must be approved by the Attorney

General or a federal district court before a court can order

exhaustion of the procedure. Martin, 895 F.2d at 1041. The

United States District Court for the Middle District of Louisiana

has approved Louisiana's prison administrative procedures as

meeting § 1997e's minimum standards. Id. at 1042. Pupo may not

challenge that determination now. See Gartrell v. Gaylor, 981

F.2d 254, 258 (5th Cir. 1993); see also 42 U.S.C. § 1997e(d)

(providing that "[t]he failure of a State to adopt or adhere to

an administrative grievance procedure consistent with this

section shall not constitute the basis for an action under

section 1997a or 1997c of this title"). 

Because Pupo's motion for leave to appeal in forma pauperis

(IFP) presents no issue of arguable merit and is thus frivolous,

see Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983), IFP is

DENIED and the appeal is DISMISSED. See 5th Cir. R. 42.2. 

Pupo's "Motion For Probably [sic] Cause" is DENIED as

unnecessary.
“Mi salud es mi 

posesión más preciada”.

Si usted es mayor de 65 años,

la vacuna contra la influenza es

la mejor forma de protegerse.

http://www.flu.gov 

1-800-232-4636
§ 79.16 Proof of medical condition. ( a ) Medical documentation is required in all cases to prove that the claimant suffered from or suffers from leukemia. Proof that the claimant contracted leukemia must be made either by using the procedure outlined in paragraph (b) of this section or by submitting the documentation required in paragraph (c) of this section.
( b ) If a claimant was diagnosed as having leukemia in Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, the claimant or eligible surviving beneficiary need not submit any medical documentation of disease at the time the claim is filed (although medical documentation may subsequently be required). Instead, the claimant or eligible surviving beneficiary must submit with the claim an Authorization To Release Medical and Other Information, valid in the state of diagnosis, that authorizes the Program to contact the appropriate state cancer or tumor registry. The Program will accept as proof of medical condition verification from the state cancer or tumor registry that it possesses medical records or abstracts of medical records of the claimant that contain a verified diagnosis of one type of leukemia. If the designated state does not possess medical records or abstracts of medical records that contain a verified diagnosis of leukemia, the Radiation Exposure Compensation Program will notify the claimant or eligible surviving beneficiary and afford that individual the opportunity to submit the medical documentation required in paragraph (c) of this section, in accordance with the provisions of § 79.72(b).
( c ) ( 1 ) Proof that the claimant contracted leukemia may be made by the submission of one or more of the following contemporaneous medical records provided that the specified document contains an explicit statement of diagnosis or such other information or data from which appropriate authorities at the National Cancer Institute can make a diagnosis of leukemia to a reasonable degree of medical certainty: ( i ) Bone marrow biopsy or aspirate report;
( ii ) Peripheral white blood cell differential count report;
( iii ) Autopsy report;
( iv ) Hospital discharge summary;
( v ) Physician summary report;
( vi ) History and physical report; or
( vii ) Death certificate, provided that it is signed by a physician at the time of death.
( 2 ) If the medical record submitted does not contain sufficient information or data to make such a diagnosis, the Program will notify the claimant or eligible surviving beneficiary and afford that individual the opportunity to submit additional medical records identified in this paragraph, in accordance with the provisions of § 79.72(b). Any such additional medical documentation submitted must also contain sufficient information from which appropriate authorities at the National Cancer Institute can determine the type of leukemia contracted by the claimant.
#### § 658.1 Purpose.

The purpose of this part is to identify a National Network of highways available to vehicles authorized by provisions of the Surface Transportation Assistance Act of 1982 (STAA) as amended, and to prescribe national policies that govern truck and bus size and weight.

[59 FR 30419, June 13, 1994]
### §460lll–41. Effective date of transfer

Effective on October 1 of the first fiscal year for which Congress does not appropriate to the Tennessee Valley Authority at least $6,000,000 for the Recreation Area, or, if this Act is enacted during a fiscal year for which Congress has not made such an appropriation, effective as of October 21, 1998, administrative jurisdiction over the Recreation Area is transferred from the Tennessee Valley Authority to the Secretary.

(Pub. L. 105–277, div. A, §101(e) [title V, §541], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231, which enacted the Department of the Interior and Related Agencies Appropriations Act, 1999. Title V of the Act, known as The Land Between the Lakes Protection Act of 1998, is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.
###### Editorial Note on Part 635

#### Editorial Note:

Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002.

#### § 635.405 Applicability.

The requirements and procedures prescribed in this subpart apply to all contracts relating to Federal-aid highway projects.

[69 FR 7119, Feb. 13, 2004]
<TABLE> <S> <C>

<ARTICLE>                              5
<CIK>                                  0000046043
<NAME>                                 Harvey Electronics, Inc.
       
<S>                                      <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                      OCT-31-1998
<PERIOD-START>                         NOV-02-1997
<PERIOD-END>                           OCT-31-1998
<CASH>                                        221,444
<SECURITIES>                                        0
<RECEIVABLES>                                 390,635
<ALLOWANCES>                                  (25,000)
<INVENTORY>                                 4,014,936
<CURRENT-ASSETS>                            4,953,606
<PP&E>                                      1,851,537
<DEPRECIATION>                               (408,711)
<TOTAL-ASSETS>                              8,389,259
<CURRENT-LIABILITIES>                       2,598,514
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                   402,037
<COMMON>                                       32,828
<OTHER-SE>                                  5,524,557
<TOTAL-LIABILITY-AND-EQUITY>                8,389,259
<SALES>                                    17,262,082
<TOTAL-REVENUES>                           17,332,446
<CGS>                                      10,646,491
<TOTAL-COSTS>                               6,756,254
<OTHER-EXPENSES>                              534,942
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            223,630
<INCOME-PRETAX>                              (828,871)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                          (828,871)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (828,871)
<EPS-PRIMARY>                                   (0.32)
<EPS-DILUTED>                                   (0.32)
        


</TABLE>
#### The People of the State of New York, Respondent, v William Washington, Appellant.

[823 NYS2d 116]

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered on or about January 30, 2004, unanimously affirmed. No opinion. Order filed. Concur—Tom, J.E, Mazzarelli, Andrias, Sweeny and Malone, JJ.
§ 22.1 Purpose. The purpose of these regulations is to: ( a ) Protect privacy of individuals by requiring that information identifiable to a private person obtained in a research or statistical program may only be used and/or revealed for the purpose for which obtained;
( b ) Insure that copies of such information shall not, without the consent of the person to whom the information pertains, be admitted as evidence or used for any purpose in any judicial or administrative proceedings;
( c ) Increase the credibility and reliability of federally-supported research and statistical findings by minimizing subject concern over subsequent uses of identifiable information;
( d ) Provide needed guidance to persons engaged in research and statistical activities by clarifying the purposes for which identifiable information may be used or revealed; and
( e ) Insure appropriate balance between individual privacy and essential needs of the research community for data to advance the state of knowledge in the area of criminal justice.
( f ) Insure the confidentiality of information provided by crime victims to crisis intervention counselors working for victim services programs receiving funds provided under the Crime Control Act, and Juvenile Justice Act, and the Victims of Crime Act.
[41 FR 54846, Dec. 15, 1976, as amended at 51 FR 6400, Feb. 24, 1986]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Ravalli County Resource Advisory Committee will meet in Hamilton, Montana. The purpose of the meeting is presentation on research of generating plants that have been built and project reviews.

# DATES:

The meeting will be held April 26, 2011 at 6:30 p.m.

# ADDRESSES:

                        The meeting will be held at 1801 N. First Street. Written comments should be sent to Stevensville RD, 88 Main Street, Stevensville, MT 59870. Comments may also be sent via e-mail to                         *dritter@fs.fed.us*                         or via facsimile to 406-777-5461.                    

All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at 88 Main Street, Stevensville, MT 59870. Visitors are encouraged to call ahead to 406-777-5461 to facilitate entry into the building.

# FOR FURTHER INFORMATION CONTACT:

Daniel G. Ritter, District Ranger, or Nancy Trotter, Coordinator 406-777-5461.

Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday.

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. Council discussion is limited to Forest Service staff and Council members. However, persons who wish to bring biohazards use matters to the attention of the Council may file written statements with the Council staff before or after the meeting. Public input sessions will be provided and individuals who made written requests by April 25, 2011 will have the opportunity to address the Council at those sessions.

Dated: March 17, 2011.

Julie K. King,

Forest Supervisor.

[FR Doc. 2011-7072 Filed 3-24-11; 8:45 am]

BILLING CODE P
<PAGE>

                                                                 Exhibit 10.14.1

[LOGO OF VIA]


June 22, 1999

Ken Blackman
Turpin Lodge
Winter Hill Road
Pinkney's Green
Bershire SL6 6PJ

Dear Ken

I am pleased to offer you the position of Vice President -- European Region with
VIA NET WORKS, Inc. ("VIA") reporting to me, beginning on June 22, 1999.
Your monthly gross salary will be 8,333.33 GBP (x12 annual), payable in arrears.
You will receive an auto allowance of 1,000.00 GBP per month, as well health
insurance as available under the BUPA policy for our employees in the UK. You
will also be eligible for an annual bonus of up to 50% of your base annualized
salary. VIA will adminster your payroll through WWS according to the pay cycle
it maintains for its own employees.

You will also be eligible for a stock option grant of 75,000 shares of VIA NET
WORKS, Inc. Common Stock subject to approval from, and at a price set by, the
Board of Directors at its next Board meeting. Options vest over four years, the
details of which will be included in the formal grant. At the same Board
meeting, you will also receive the right to purchase up to 40,000 shares of
stock within 60 days of Board approval. You may purchase none, a portion, or all
of these shares, at your discretion.

The notice period for termination of your employment with VIA will be 12 months
from either party, until 22 June 2000. After 22 June 2000 the notice period for
termination of your employment with VIA will be 6 months from either party. Your
vacation will be twenty five days per year plus normal UK bank holidays. You
will also be eligible for personal and sick leave, the policies of which are in
the process of being implemented.

In your position with VIA NET WORKS, Inc. you may have direct or indirect access
to a substantial amount of confidential material/data, patentable or
unpatentable inventions, trade secrets, technical knowhow etc. and you will be
required not to divulge these during or subsequent to your employment with VIA
NET WORKS, Inc. Accordingly, you will be requested as a condition of your
employment to sign an Employee Non-Disclosure Agreement.

If the foregoing is acceptable to you, please sign below. We look forward to
having you join us.

Sincerely

/s/ Michael J. Simmons

Michael J. Simmons
Vice President, European Region
                                                     Read, Approved and accepted

                                                        /s/ Ken Blackman
                                                        K Blackman

                              VIA NET.WORKS, Inc.
                      [LETTERHEAD OF VIA NET WORKS, INC.]
Exhibit 32

                                             CERTIFICATION PURSUANT TO
                                             18 U.S.C. SECTION 1350,
                                              AS ADOPTED PURSUANT BY
                                   SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In  connection  with the  Quarterly  Report of A Better  Way  Financial
Corp.,  on Form  10-QSB for the period  ending  June 30,  2003 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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 result of  operations of the
Company.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
### §423c. Duties of commission

It shall be the duties of the commissioners, under the direction of the Secretary of the Interior, to superintend the opening or repair of such roads as may be necessary to the purposes of the battlefield, and to ascertain and mark with historical tablets or otherwise, as the Secretary of the Interior may determine, all breastworks, earthworks, walls, or other defenses or shelters, lines of battle, location of troops, buildings, and other historical points of interest within the battlefield or in its vicinity, and the said commission in establishing the battlefield shall have authority, under the direction of the Secretary of the Interior, to employ such labor and service at rates to be fixed by the Secretary of the Interior, and to obtain such supplies and materials as may be necessary to carry out the provisions of sections 423, 423a, and 423b to 423h of this title.

(July 3, 1926, ch. 746, §4, 44 Stat. 822; Ex. Ord. No. 6166, §2, June 10, 1933; Ex. Ord. No. 6228, §1, July 28, 1933; Pub. L. 87–603, §1, Aug. 24, 1962, 76 Stat. 403.)

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

#### Change of Name

"Battlefield" substituted in text for "park" in view of redesignation of Petersburg National Military Park as Petersburg National Battlefield by Pub. L. 87–603. See section 423h–1 of this title.

#### **Executive Documents**

#### Transfer of Functions

Transfer of administrative functions of park, see note set out under section 423 of this title.