alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-60321

Summary Calendar

 

JOHN DAVID MILLSAP,

Plaintiff-Appellant,

versus

KENNETH SKIFFER, JOHN BOOTH, WILLIE CATCHING, VERON JORDAN,

MISHEILA JOHNSON, JOHN DOE, Mail Deliverer, JOHN DOE, 

Mail Inspector, JOHN DOE,Law Library Director,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No.3:96-CV-675-WS

- - - - - - - - - -

February 2, 2000

Before JONES, DUHÉ, and STEWART, Circuit Judges.

PER CURIAM:1

John David Millsap, Mississippi prisoner #31267, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 action as

frivolous pursuant to 28 U.S.C. § 1915(d). Millsap argues that the

district court abused its discretion in dismissing his claim that

he was unconstitutionally deprived of personal property found in

his cell during a prison “shakedown,” and of personal mail that he

alleges was confiscated from the mail room. Whether these alleged

property deprivations were negligent or intentional, they cannot
form the basis of a due process claim in a § 1983 action. See

Daniels v. Williams, 474 U.S. 327, 332-35 (1986)(negligent); Hudson

v. Palmer, 468 U.S. 517, 533-36 (1984)(intentional). The remainder

of Millsap’s arguments are unsubstantiated allegations for which he

was unable to establish a factual basis during two separate

hearings. The district court did not abuse its discretion in

dismissing Millsap’s complaint as frivolous. Siglar v. Hightower,

112 F.3d 191, 193 (5th Cir. 1997).

Millsap’s appeal is without arguable merit and is frivolous.

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.

Millsap is hereby informed that the dismissal of this appeal as

frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g),

in addition to the strike for the district court’s dismissal. See

Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996)

(“[D]ismissals as frivolous in the district courts or the court of

appeals count [as strikes] for the purposes of [§ 1915(g)].”). We

caution Millsap that once he accumulates three strikes, he may not

proceed IFP in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See 28 U.S.C. §

1915(g).

APPEAL DISMISSED AS FRIVOLOUS.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 04170**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** 04170\04170_Completeness_Checklist.xls EPA Completeness Review Checklist x 04170\04170_Part A.xls Plant submitted survey file x 04170\04170_Part B.xls Plant submitted survey file x 04170\04170_Part C.xls Plant submitted survey file x 04170\04170_Part D.xls Plant submitted survey file x 04170\04170_Part H.xls Plant submitted survey file x 04170\4170_Checklist.xls EPA Technical Review Checklist Workbook

04170\Certification Statement Plant ID 04170.jpg Plant certification statement 04170\Supplemental Documents\04170_TES Filer City Station_Site Map.PDF Plant submitted supplemental files to the survey x 04170\Supplemental Documents\04170_TES Filer City Station_Water Balance WB-1.jpg Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
Exhibit 32.1


                       CERTIFICATE PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002



William F. Garrett,  the President and Chief  Executive  Officer of Delta Mills,
Inc. (the "Company"), hereby certifies that to the best of his knowledge:

     1.   The Annual  Report on Form 10-K for the year ended July 3, 2004 of the
          Company (the "Report") fully complies with the requirements of section
          13(a) or 15(d), as applicable,  of the Securities Exchange Act of 1934
          (15 U.S.C. 78m or 78o(d)); and

     2.   The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company at the dates and for the periods indicated.

The foregoing  certification  is being furnished  pursuant to 18 U.S.C. ss. 1350
and is not  being  filed  as  part of the  Report  or as a  separate  disclosure
document.






Date     October 15, 2004                  By: /s/ William F. Garrett
      ---------------------                ------------------------------------
                                           William F. Garrett
                                           President & Chief Executive Officer





A  signed  copy  of  this  written  statement  required  by  section  906 of the
Sarbanes-Oxley Act of 2002 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.
### §§311 to 323. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435

Section 311, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 250, related generally to the times during which rules for the display of lights were to be followed.

Section 312, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 250; Aug. 14, 1958, Pub. L. 85–635, §3, 72 Stat. 590, set out requirements for lights on vessels towing alongside or pushing a vessel or vessels.

Section 313, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to lights of vessels towing a vessel or vessels astern.

Section 314, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to lights of seagoing steam vessels under way.

Section 315, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to lights of river steamers.

Section 316, R.S. §4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to requirements of additional lights and to requirements of lights on steam vessels not otherwise provided for.

Section 317, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to lights of sailing vessels under way and vessels being towed.

Section 318, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251, related to lights of small vessels in bad weather.

Section 319, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Apr. 22, 1940, ch. 128, §3, 54 Stat. 151; May 21, 1948, ch. 328, §4, 62 Stat. 252; Aug. 14, 1958, Pub. L. 85–635, §4, 72 Stat. 591, related to lights of overtaken vessels.

Section 320, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §5, 29 Stat. 689; May 21, 1948, ch. 328, §4, 62 Stat. 252, related to lights of sailing and steam pilot vessels.

Section 321, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 252, related to lights on motorboats.

Section 322, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 252; Aug. 5, 1963, Pub. L. 88–84, §3, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89–670, §6(g)(1)(D), 80 Stat. 941, related to lights of vessels at anchor.

Section 323, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §12, 29 Stat. 690; May 21, 1948, ch. 328, §4, 62 Stat. 253, related to lights on warships and Coast Guard cutters.

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

#### Effective Date of Repeal

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
§ 206.6 Report to the President. ( a ) *In general.* The Commission will include in its report to the President the following: ( 1 ) The determination made and an explanation of the basis for the determination;
( 2 ) If the determination is affirmative or if the Commission is equally divided in its determination, such remedy recommendation or proposal as may be appropriate under the statute and an explanation of the basis for each recommendation or proposal.
( 3 ) Any dissenting or separate views by members of the Commission regarding the determination and any recommendations;
( b ) *Additional findings and information.* ( 1 ) In the case of a determination made under section 202(b) of the Trade Act, the Commission will also include in its report the following: ( i ) The findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry;
( ii ) A copy of the adjustment plan, if any, submitted by the petitioner;
( iii ) Commitments submitted and information obtained by the Commission regarding steps that firms and workers in the domestic industry are taking, or plan to take, to facilitate positive adjustment to import competition;
( iv ) A description of the short- and long-term effects that implementation of the action recommended is likely to have on the petitioning domestic industry, other domestic industries, and consumers; and
( v ) A description of the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and communities where production facilities of such industry are located, and other domestic industries.
( 2 ) In the case of a determination made under section 301(b) of the USMCA Implementation Act, the Commission will include in its report the findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry.
( 3 ) In the case of a determination made under section 421(b) or 422(b) of the Trade Act, the Commission will also include in its report a description of— ( i ) The short- and long-term effects that implementation of the action recommended is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and
( ii ) The short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries.
[60 FR 10, Jan. 3, 1995, as amended at 67 FR 8190, Feb. 22, 2002; 77 FR 3925, Jan. 26, 2012; 88 FR 14890, Mar. 10, 2023]
EXHIBIT 32.2









CERTIFICATION OF CHIEF FINANCIAL
OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. § 1350, as created by section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Webster
Preferred Capital Corporation (the Company) hereby certifies, to his knowledge on the date hereof:



|(c) | the Form 10-K Report of the Company for the year ended December 31, 2010 filed on the date hereof with the Securities and Exchange Commission fully complies with
the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(d) | the information contained in this report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 25, 2011



/s/ Theresa M. MessinaTheresa M. Messina Senior Vice
President and Chief Financial Officer (Principal Financial Officer)


Pursuant to Securities and Exchange Commission
Release 33-8238, dated June 5, 2003, this certification is being furnished and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended or incorporated by reference in any
registration statement of the Company filed under the Securities Act of 1933, as amended, except to the extent that the Company specifically incorporates it by reference.

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.
```

[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-58]                         

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-1017; FRL-8829-6]

 
Product Cancellation Order for Certain Pesticide Registrations; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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

SUMMARY: EPA issued a notice in the Federal Register of May 11, 2010, 
concerning the final cancellation of certain pesticide product 
registrations. This document is being issued to correct an error in 
company contact information.

FOR FURTHER INFORMATION CONTACT: Maia Tatinclaux, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-0123; e-mail 
address: tatinclaux.maia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2009-1017. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What Does this Correction Do?

    FR Doc. 2010-11142 published in the Federal Register of May 11, 
2010 (75 FR 26253) (FRL-8822-4), on page 26253, 3rd column, in Table 2, 
EPA Registration Number 1021, the Company Name and Address, is 
corrected to read ``McLaughlin Gormley King Co. D/B/A MGK, 8810 Tenth 
Ave. North, Minneapolis, MN 55427-4319.''

List of Subjects

    Environmental protection, Pesticides and Pests.

    Dated: June 4, 2010.
Richard P. Keigwin, Jr.
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-14519 Filed 6-15-10; 8:45 am]
BILLING CODE 6560-50-S
```
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-01-041 July 31, 2001

CONTACT: Breck Henderson 

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: bwh@nrc.gov

DONALD B. ALLEN NAMED NRC SENIOR RESIDENT INSPECTOR

AT COMANCHE PEAK

The U.S. Nuclear Regulatory Commission has named Donald B. Allen senior resident inspector

at Comanche Peak Steam Electric Station, a nuclear power plant near Glen Rose, Texas. Mr. Allen

joins resident inspector Scott Schwind.

Mr. Allen graduated from Bradley University in Peoria, Illinois, with a Bachelor of Science

degree in Physics. After service in the United States Air Force, Mr. Allen worked for Westinghouse as

an instructor at a submarine reactor prototype in Idaho. Mr. Allen has over twenty years experience as

a test engineer in commercial nuclear power plants. 

Mr. Allen joined the NRC in 1996 as a project engineer in Region IV offices, Arlington, Texas,

in the Division of Reactor Projects. He has also served as resident inspector at Diablo Canyon near

San Luis Obispo, California. Mr. Allen assumed his new position at Comanche Peak in early July.

###
### §114. Funeral honors functions at funerals for veterans

Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title.

(Added Pub. L. 105–85, div. A, title V, §517(a)(1), Nov. 18, 1997, 111 Stat. 1733; amended Pub. L. 105–261, div. A, title V, §567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title V, §578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627, 631.)

#### **Editorial Notes**

#### Amendments

1999—Pub. L. 106–65, in section catchline, substituted "Funeral honors" for "Honor guard" and, in text, substituted "funeral honors functions" for "honor guard functions" in two places and "drill or training, but may be performed as funeral honors duty under section 115 of this title" for "drill or training otherwise required".

1998—Pub. L. 105–261 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: "This section does not authorize additional appropriations for any fiscal year. Any expense of the National Guard that is incurred by reason of this section shall be paid from appropriations otherwise available for the National Guard."
#### In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for the Brooklyn-Battery Tunnel Plaza, and to Permit the Routing and Distribution of Tunnel Traffic, etc., in the Area Bounded by Battery Place and Other Streets, in the Borough of Manhattan. Chesebrough Building Co. et al., Appellants.

No opinion. Settle order on notice. Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ. [See *post,*p. 998.]
EXHIBIT 23.1


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the  incorporation by reference in the Registration  Statements of
Talon  International Inc.  (formerly known as Tag-It Pacific,  Inc.) on Form S-8
(File Nos. 333-119712,  333-109854,  333-98577, 333-66356, 333-44592, 333-84099,
333-50267)  and Form S-3  (File  Nos.  333-121095,  333-106494,  333-145344  and
333-111612)  of our  report  dated  April 9, 2007  relating  to our audit of the
consolidated financial statements,  and the financial statement schedule,  which
appear in the  Annual  Report to  Shareholders,  which is  incorporated  in this
Annual Report on Form 10-K/A No. 2 of Talon  International  Inc. (formerly known
as Tag-It Pacific, Inc.) for each of the two years ended December 31, 2006.


/s/ Singer Lewak Greenbaum & Goldstein LLP
------------------------------------------
SINGER LEWAK GREENBAUM & GOLDSTEIN LLP

Los Angeles, California
March 10, 2008
[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Page 63409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24424]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Solicitation for Grant Applications (SGA); High-Growth Job 
Training Initiative Grants Correction

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice; correction.

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

SUMMARY: The Employment and Training Administration published a 
document in the Federal Register on September 17, 2004, concerning the 
availability of grant funds to address labor shortages, innovative 
training strategies, and other workforce challenges in the healthcare 
and biotechnology industries. This correction is to provide additional 
clarification on eligibility information and to extend the closing date 
to November 16, 2004.

FOR FURTHER INFORMATION CONTACT: Kevin Brumback, Grants Management 
Specialist, Division of Federal Assistance, (202) 693-3381.

Corrections

    In the Federal Register of September 17, 2004, in FR Volume 69, 
Number 180: On page 56086, in the third column, is corrected to read:
    B. Matching Funds: Paid employee release time will be accepted as 
match on a case-by-case basis where: (a) Trainees are bona-fide 
employees; (b) the employer counts only regular salary and wages, but 
not overtime, benefits, or other costs, for each trainee for time spent 
attending classes during working hours; and (c) the trainee remains 
employed with the employer for sixty days after completion of training.
    On page 56087, in the third column, is corrected to read:
    C. Submission Date, Times and Addresses: The closing date for 
receipt of applications under this announcement is November 16, 2004 at 
4 p.m. Eastern Standard Time.

    Signed at Washington, DC, this 28th day of October, 2004.
R. Lance Grubb,
Deputy Administrator, OFAM.
[FR Doc. 04-24424 Filed 10-29-04; 8:45 am]
BILLING CODE 4510-30-P