alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-2023
OTIS O. EDWARDS, Plaintiff - Appellant, versus TRS STAFFING SOLUTIONS, INCORPORATED; FLUOR ENTERPRISES, INC., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Tommy E. Miller, Magistrate Judge. (2:06-cv-00166-JBF-TE) Submitted: January 19, 2007 Decided: February 16, 2007 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Otis O. Edwards, Appellant Pro Se. Ruth Litvin Goodboe, MCGUIREWOODS, LLP, Norfolk, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Otis O. Edwards seeks to appeal the magistrate judge’s order imposing sanctions. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order Edwards seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Edwards’ motion for oral argument, because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

Case No. 20-cv-23159-CANNON/OTAZO-REYES

IKSA EXIM, INC., a Florida corporation

and IZHAK KASHANI, an individual

Plaintiff 

vs. 

LAWRENCE ALLOUCHE a/k/a LARRY 

ALLOUCHE a/k/a LARRY ALUSH and 

ARIEL LLC, a Pennsylvania limited liability

company,

Defendants.

_______________________________________/

NOTICE OF HEARING

YOU ARE HEREBY NOTIFIED that the undersigned attorney has set down a hearing 

on DISCOVERY MATTERS pursuant to this Court’s Notice of Discovery Procedures [D.E. 19], 

before the Honorable Magistrate Judge Alicia M. Otazo-Reyes of the above-styled Court, on June 

9, 2021 at 1:30 PM, or as soon thereafter as may be heard, which will take place via telephonic

conference. Call-in instructions will be provided by the Court in advance of the hearing. The 

substance of the discovery matter relates to Defendants’ failure to: (a) produce all documents 

responsive to a Request for Production; and (b) provide sufficient interrogatory responses to the 

respective interrogatories Plaintiffs propounded on Defendants.

Case 1:20-cv-23159-AMC Document 34 Entered on FLSD Docket 05/12/2021 Page 1 of 2
Page 2 of 2

Dated: May 12, 2021

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1(a)(3), I hereby certify that I conferred with all parties or nonparties who may be affected by the relief sought at the above-noticed hearing in a good-faith effort 

to resolve the issues but have been unable to do so.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 12, 2021, a true and correct copy of the foregoing 

was filed via the CM/ECF system, which will send a notification of electronic filing to all counsel 

or parties of record on the Service List below.

Respectfully Submitted,

THE BERNSTEIN LAW FIRM

Attorneys for Plaintiffs

3050 Biscayne Boulevard, Suite 403

Miami, Florida 33137

Tel. (305) 672-9544 

Fax (305) 672-4572

michael@blfmiami.com

jordan@blfmiami.com

paralegal@blfmiami.com

 

s/ Jordan C. Kaplan 

Michael I. Bernstein 

Florida Bar No. 546208

Jordan C. Kaplan

Florida Bar No. 98618

SERVICE LIST

CASE NO. 20-cv-23159-CANNON/OTAZO-REYES

JOSE TEURBE-TOLON, ESQ.

XANDER LAW GROUP, P.A.

Attorneys for Defendants

One N.E. 2nd Avenue, Suite 200

Miami, Florida 33132

jose@xanderlaw.com

david@xanderlaw.com

service@xanderlaw.com

Case 1:20-cv-23159-AMC Document 34 Entered on FLSD Docket 05/12/2021 Page 2 of 2
Fourth Court of Appeals

San Antonio, Texas

December 27, 2022

No. 04-22-00529-CR

Jenelius O. CREW,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR12785

Honorable Stephanie R. Boyd, Judge Presiding

ORDER

On December 20, 2022, appellant filed his Third Motion for Extension of Time to File 

Brief. On that same day, appellant filed the brief. We GRANT the motion and DEEM the brief

timely filed.

_________________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 27th day of December, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 19

- 3260

_____________________________
D. S., a c hild
,
Petitioner
,

v.

S TATE OF F LORIDA , Respondent

.

_____________________________

Petition for Writ of Habeas Corpus

— Original Jurisdiction

.

September 23, 2019

P ER C URIAM

. The petition for writ of habeas corpus is dismissed as moot.

R OWE , O STERHAUS , and K ELSEY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jackso nville
, for Petitioner

. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee
, for Respondent

.
#### § 19.600 Notice of covered programs.

Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a notice of the programs covered by these Title IX regulations. Each such Federal agency shall periodically republish the notice of covered programs to reflect changes in covered programs. Copies of this notice also shall be made available upon request to the Federal agency's office that enforces Title IX.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000              
       
<S>                             <C>
<PERIOD-TYPE>                   7-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             MAY-29-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          27,926
<SECURITIES>                                         0
<RECEIVABLES>                                   16,758
<ALLOWANCES>                                     (818)
<INVENTORY>                                      1,280
<CURRENT-ASSETS>                                55,352
<PP&E>                                         155,380
<DEPRECIATION>                                 (4,239)
<TOTAL-ASSETS>                               1,144,479
<CURRENT-LIABILITIES>                           52,272
<BONDS>                                        690,300
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                          35
<TOTAL-LIABILITY-AND-EQUITY>                 1,144,479
<SALES>                                          2,348
<TOTAL-REVENUES>                                43,713
<CGS>                                            5,259
<TOTAL-COSTS>                                   11,237
<OTHER-EXPENSES>                                23,860
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,393
<INCOME-PRETAX>                               (13,981)
<INCOME-TAX>                                   (5,129)
<INCOME-CONTINUING>                            (8,852)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,852)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
### §6561. Advance payments by Secretary of Senate

#### (a) Authorization

For fiscal year 1998, and each fiscal year thereafter, the Secretary of the Senate is authorized to make advance payments under a contract or other agreement to provide a service or deliver an article for the United States Government without regard to the provisions of section 3324 of title 31.

#### (b) Regulations

An advance payment authorized by subsection (a) shall be made in accordance with regulations issued by the Committee on Rules and Administration of the Senate.

#### (c) Effective date

The authority granted by subsection (a) shall not take effect until regulations are issued pursuant to subsection (b).

(Pub. L. 105–55, title I, §1, Oct. 7, 1997, 111 Stat. 1179.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 68e of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
Exhibit 23

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We consent to the  incorporation by reference to the  Registration  Statement on
Form S-8 of Union Community Bancorp (the "Company"),  File Number 000-23543,  of
our report dated January 21, 2000 on the consolidated  financial  statements of
the Company which report is  incorporated  by reference in the Company's  Annual
Report on Form 10-K for the three years ended  December 31, 1999 filed  pursuant
to the Securities and Exchange Act of 1934.

/s/ Olive LLP
Olive LLP


Indianapolis, Indiana
March 28, 2000
* 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. 95-10145 Conference Calendar

__________________ STANLEY W. STEPHENS, Plaintiff-Appellant,

versus CARL SCHROEDER, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 4:95-CV-75-A

- - - - - - - - - - June 28, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * A district court may dismiss an in forma pauperis (IFP) complaint as frivolous pursuant to 28 U.S.C. § 1915(d) if it lacks an arguable basis in law or fact. Eason v. Thaler , 14 F.3d 8, 9 (5th Cir. 1994). To obtain relief under 42 U.S.C. § 1983, a plaintiff must prove that he was deprived of a federal constitutional or statutory right and that the persons depriving him of that right acted under color of state law. Daigle v. Opelousas Health CareNo. 95-10145 -2-

Inc. , 774 F.2d 1344, 1348-49 (5th Cir. 1985); Hernandez v. Maxwell , 905 F.2d 94, 95 (5th Cir. 1990). A private party is generally considered to act under color of state law only in certain circumstances, such as when that party is involved in a conspiracy or participates in joint activity with state actors. Hobbs v. Hawkins , 968 F.2d 471, 480 (5th Cir. 1992). Stephens's complaint does not allege that Schroeder is a state actor, or that he engaged in joint activity or in a conspiracy with state
actors. Stephens's § 1983 claim has no basis in law or in fact. Furthermore, nothing in his brief indicates that a hearing or a questionnaire would have developed a viable claim. Thus, the district court did not abuse its discretion in dismissing Stephens's complaint as frivolous. Eason , 14 F.3d at 9. Stephens's appeal is without arguable merit and thus frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). APPEAL DISMISSED. See 5th Cir. Rule 42.2.
### §4578. Restriction on payment of dual compensation by Secretary of Senate

Unless otherwise specifically authorized by law, no part of any appropriation disbursed by the Secretary of the Senate shall be available for payment of compensation to any person holding any position, for any period for which such person received compensation for holding any other position, the compensation for which is disbursed by the Secretary of the Senate.

(June 27, 1956, ch. 453, 70 Stat. 360.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 66a of this title prior to editorial reclassification and renumbering as this section.
### [§1392. Repealed. Pub. L. 112–63, §203, Dec. 7, 2011, 125 Stat. 764]

Section, act June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104–220, §1, Oct. 1, 1996, 110 Stat. 3023, related to defendants or property in different districts in the same State.

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

#### Effective Date of Repeal

Repeal by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action commenced in a United States district court on or after such effective date, and to any action removed from a State court to a United States district court that had been commenced, within the meaning of State law, on or after such effective date, see section 205 of Pub. L. 112–63, set out as an Effective Date note under section 1390 of this title.
### §26. Roll of Representatives-elect

Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives.

(R.S. §§31–33; Pub. L. 104–186, title II, §202(2), Aug. 20, 1996, 110 Stat. 1724.)

#### **Editorial Notes**

#### Codification

R.S. §31 derived from acts Feb. 21, 1867, ch. 56, §1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804.

R.S. §§32 and 33 derived from act Feb. 21, 1867, ch. 56, §2, 14 Stat. 397.

R.S. §31 constitutes first sentence; R.S. §32 constitutes second sentence; and R.S. §33 constituted the third sentence, prior to repeal by Pub. L. 104–186. See 1996 Amendment note below.

#### Amendments

1996—Pub. L. 104–186 struck out third sentence which read as follows: "In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives." See Codification note above.
### §536. Positions in excepted service

All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service.

(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 617.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 300d. | Aug. 31, 1964, Pub. L. 88–527, §201 (2nd par. under "Federal Bureau of Investigation"), 78 Stat. 718. |
| | 5 U.S.C. 341c (last sentence). | July 28, 1950, ch. 503, §5 (last sentence), 4 Stat. 380. |

Statutes at Large

The section is revised and restated to eliminate ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. The language used to define the excepted status of the positions, officers, and employees is based on revised sections 2102 and 2103 of title 5, United States Code.

The provisions of this section were made permanent by the Act of July 28, 1950, 64 Stat. 380. Identical provisions appearing in former section 300d of title 5 are derived from the Department of Justice Appropriation Act, 1965, and earlier appropriation Acts for the Department of Justice running back to 1942, which Acts are identified in a note under former section 300d of title 5, U.S.C. 1964 ed.
Case 0:00-cr-06218-NCR Document 42 Entered on FLSD Docket 07/18/2002 Page 1 of 2
Case 0:00-cr-06218-NCR Document 42 Entered on FLSD Docket 07/18/2002 Page 2 of 2
[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Notices]
[Pages 5354-5355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2367]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Environmental Health 
Sciences Special

[[Page 5355]]

Emphasis Panel, Review of Conference Grants (R13s).
    Date: March 16, 2004.
    Time: 1 p.m. to 2 p.m.
    Agenda: To review and evaluate grant applications.
    Place: NIEHS/National Institutes of Health, Building 4401, East 
Campus, 79 T.W. Alexander Drive, EC 122, Research Triangle Park, NC 
27709 (Telephone conference call).
    Contact Person: RoseAnne M. McGee, Associate Scientific Review 
Administrator, Scientific Review Branch, Office of Program 
Operations, Division of Extramural Research and Training, Nat. Inst. 
of Environmental Health Sciences, P.O. Box 12233, MD EC-30, Research 
Triangle Park, NC 27709. 919-541-0752.

(Catalogue of Federal Domestic Assistance Program Nos. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic 
Research and Education; 93.894, Resources and Manpower Development 
in the Environmental Health Sciences; 93.113, Biological Response to 
Environmental Health Hazards; 93.114, Applied Toxicological Research 
and Testing, National Institutes of Health, HHS)

    Dated: January 28, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-2367 Filed 2-3-04; 8:45 am]
BILLING CODE 4140-01-M
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T J UL Y 11, 2012 J OHN L EY CL ERK [DO NOT PUBLISH]
IN THE UN ITED STATES COURT OF APPEALS
FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 1- 11 41 9 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock et No. 1 :0 9- cv -2 09 63 -MGC
MIC HAEL RAMJEAWAN , RITIE B. RAM JEAWAN,
Pl ai nt iff s- App el le es ,

ve rs us BANK OF AMERICA COR PORATION,
Defen da nt -Ap pe ll an t.

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co ur t fo r th e So ut he rn Dis tri ct of F lo rid a

__ __ __ __ __ __ __ __ __ __ __ __ (J ul y 11 , 20 12 )
Befo re EDMONDSON, MARTIN an d C OX, Circ ui t J ud ge s. PER CURI AM:
The Pl ai nt iff

s Mi ch ael Ram

jeawan an d Ri tie B. Ra

m j ea w an sue d the D efen da nt
Ban k of Am eri ca, N.A. fo r ne gl ig en ce an d ci vi l th eft

. The cas e was tri ed to a ju r y ,whi ch fo un d in fav or of th e Ram jeaw a n s o n t he ne gl ig en ce co un ts an d award ed

co m pe ns at or y da m ag es in th e am ou nt of $5 28 ,5 3 1

. 0 1 an d pu ni ti ve da m ag es in th e

am ou nt of $1 50 ,00 0.0 0. The jury fo un d in fav or of th e Ban k on th e ci vi l th eft cl ai m
. The Ban k ap pe al s, ch al le ng in g th e di st ric t co ur t's de ni al of th e Ban k's po st -tr ia l
Fed

. R. Ci v. P. 50 (b ) m ot io n fo r jud gm en t as a m at te r of la w, whi ch al le ge d th at th e Ram jeaw a n s f

ai le d to pr es en t su ffi ci en t ev id en ce to su pp or t th e award of pu ni ti ve da m ag es
. W e ha ve co ns id ered th e br ie fs of th e pa rti es an d co nc lu de th at th e di st ric t

co ur t d id no t er r in de nyin g t hi s m ot io n. The Ban k al so co nt en ds t h a t t h e di st ric t co ur t erre d in de nyin g th e Ban k's
req ue st fo r at to rn ey 's fees be cau se th e ci vi l th eft cl ai m was wit ho ut su bs ta nt ia l fact ua l

or le ga l su pp or t. W e co nc lu de th at th e de ni al of th is m ot io n di d n o t c o n s t i t ut e an ab us e o f di sc ret io n. AFFIR MED.

2
§ 162.46 Summary forfeiture: Disposition of goods. ( a ) *General.* If no petition for relief from the forfeiture is filed in accordance with the provision of part 171 of this chapter, or if a petition was filed and has been denied, and the property is not retained for official use, it shall be disposed of in accordance with section 609, Tariff Act of 1930, as amended (19 U.S.C. 1609) or section 491(b), Tariff Act of 1930, as amended (19 U.S.C. 1491(b)).
( b ) *Articles required to be inspected by other Government agencies.* Before seized drugs, insecticides, seeds, plants, nursery stock, and other articles required to be inspected by other Government agencies are sold, they shall be inspected by a representative of such agency to ascertain whether or not they meet the requirements of the laws and regulations of that agency, and if found not to meet such requirements, they shall be destroyed forthwith.
( c ) *Sale* — ( 1 ) *General.* If the forfeited property is cleared for sale, it shall be sold in accordance with the applicable provisions of part 127 of this chapter. The Fines, Penalties, and Forfeitures Officer may postpone the sale of small seizures until he believes the proceeds of a consolidated sale will pay all expenses.
( 2 ) *Transfer to another port for sale.* Property shall be moved to and sold at such other Customs port as the Commissioner of Customs may direct pursuant to the provisions of section 611, Tariff Act of 1930 (19 U.S.C. 1611), if: ( i ) The laws of a State in which property is seized and forfeited prohibit the sale of such property; or
( ii ) The Commissioner is of the opinion that the sale of forfeited property may be made more advantageously at another Customs port.
( d ) *Destruction.* If, after summary forfeiture of property is completed, it appears that the net proceeds of sale will not be sufficient to pay the costs of sale, the Fines, Penalties, and Forfeitures Officer may order destruction of the property. Any vessel or vehicle summarily forfeited for violation of any law respecting the Customs revenue may be destroyed in lieu of the sale thereof when such destruction is authorized by the Commissioner of Customs to protect the revenue.
( e ) *Disposition of distilled spirits, wines, and malt liquor.* In addition to disposition by sale or destruction as provided for by this section, distilled spirits, wines, and malt liquor may be delivered: ( 1 ) To any Government agency the Commissioner of Customs or his designee determines has a need for these articles for medical, scientific, or mechanical purposes, or for any other official purpose for which appropriated funds may be expended by a Government agency, or
( 2 ) By gift to any charitable institution the Commissioner of Customs or his designee determines has a need for the articles for medical purposes.
[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 77-12, 41 FR 56629, Dec. 29, 1976; T.D. 79-159, 44 FR 31971, June 4, 1979; T.D. 85-195, 50 FR 50290, Dec. 10, 1985; T.D. 92-69, 57 FR 30640, July 10, 1992; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]