alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 01-20623

Conference Calendar

 

RICHARD ANTHONY SALAZAR,

Plaintiff-Appellant,

versus

LT. MOORE; CAPT. ALBERTO;

BOBBY STRICKLEN; TOMMY THOMAS,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-99-CV-4115

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

June 19, 2002

Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. 

PER CURIAM:*

Richard Anthony Salazar, Texas inmate #897679, proceeding

pro se and in forma pauperis (“IFP”), appeals the district

court’s dismissal as frivolous, pursuant to 28 U.S.C.

§ 1915(e)(2), of his 42 U.S.C. § 1983 complaint. We review a

dismissal as frivolous for an abuse of discretion. Black v.

Warren, 134 F.3d 732, 734 (5th Cir. 1998).

Salazar’s contentions concerning the alleged denial of

adequate medical treatment do not constitute deliberate
No. 01-20623

-2-

indifference. See Gibbs v. Grimmette, 254 F.3d 545, 548-49 & n.2

(5th Cir. 2001), cert. denied, 122 S. Ct. 1083 (2002). Salazar’s

assertions constitute disagreement with the treatment that he

received and are not actionable under 42 U.S.C. § 1983. See

Grimmette, 254 F.3d at 548-49.

Salazar has not complied with FED. R. APP. P. 28 and has not

briefed sufficiently his claim concerning his confinement in

lockdown. See Grant v. Cuellar, 59 F.3d 523, 524-25 (5th Cir.

1995); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). 

Accordingly, he has abandoned the issue. Grant, 59 F.3d at 524-

25; Yohey, 985 F.2d at 224-25.

We review Salazar’s contentions, raised for the first time,

that he was confined in a filthy and insect-infested cell, he was

handcuffed and shackled during visitation, and he was denied

contact with others and access to outside world activities for

plain error only. See Douglass v. United Servs. Auto. Ass’n, 79

F.3d 1415, 1428 (5th Cir. 1996) (en banc). Resolution of these

issues would require factual findings, and factual issues which

are capable of resolution by the district court cannot rise to

the level of plain error. United States v. Vital, 68 F.3d 114,

119 (5th Cir. 1995); Gabel v. Lynaugh, 835 F.2d 124, 125 (5th

Cir. 1988).

Salazar’s appeal is without arguable merit and is DISMISSED

as frivolous. See 5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215,

219-20 (5th Cir. 1983). The district court’s dismissal of

Salazar’s 42 U.S.C. § 1983 complaint as frivolous and the

dismissal of the instant appeal as frivolous count as two strikes
No. 01-20623

-3-

under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d

383, 387-88 (5th Cir. 1996). We caution Salazar 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; SANCTION WARNING ISSUED.
### §1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property

The Administrator of General Services may make contracts and provisions for the preservation, sale, or collection of property, or the proceeds of property, which may have been wrecked, been abandoned, or become derelict, if the Administrator considers the contracts and provisions to be in the interest of the Federal Government and the property is within the jurisdiction of the United States and should come to the Government. A contract may provide compensation the Administrator considers just and reasonable to any person who gives information about the property or actually preserves, collects, surrenders, or pays over the property. Under each specific agreement for obtaining, preserving, collecting, or receiving property or making property available, the costs or claim chargeable to the Government may not exceed amounts realized and received by the Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1309 | 40:310. | R.S. §3755; Pub. L. 89–30, §4, June 2, 1965, 79 Stat. 119. |

Section

The words "or of any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the United States, which are now withheld or retained by any person, corporation or municipality whatever, and which ought to have come into the possession and custody of, or been collected or received by, the United States" in section 3755 of the Revised Statues [sic] and "debts, dues, or interests, which shall not be paid from such moneys as shall be realized and received from the property so collected, under each specific agreement" are omitted as obsolete.
EXHIBIT 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Jetblack Corp.  (the "Company") on Form 10-Q for the period ended February 28, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Vanessa Avila, the Treasurer and Director (Principal Financial Officer) of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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.





Dated: April 18, 2011





Vanessa Avila





/s/ Vanessa Avila


(Principal Executive Officer, Principal Financial Officer and


Principal Accounting Officer)
EXHIBIT 32.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                            WOIZE INTERNATIONAL LTD.
               FORM 10-QSB FOR THE QUARTER ENDED DECEMBER 31, 2005
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I am  the  Chief  Financial  Officer  of  Woize  International  Ltd.,  a  Nevada
corporation (the "Company"). I am delivering this certificate in connection with
the Form  10-QSB/A of the Company for the quarter  ended  December  31, 2005 and
filed with the Securities and Exchange Commission ("Form 10-QSB/A").


Pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley  Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-QSB fully complies with the requirements of Section 13(a) or Section
15(d) of the Securities Exchange Act of 1934 and that the information  contained
in the Form 10-QSB/A fairly presents,  in all material  respects,  the financial
condition and results of operations of the Company.




June 14, 2006                                    /s/ Anders Danker
                                                 -----------------
                                                 Anders Dankers
                                                 Chief Financial Officer
                                                 (Principal Accounting Officer)
# A NEW MULTILATERAL BANK FOR THE BLACK SEA REGION

 

By Philip H. de Leon

 

On June 1, 1999, the Black Sea Trade and Development Bank (bstdb), headquartered in Thessaloniki,Greece, commenced operations. The main goal of the bank is to acceleratedevelopment and cooperation among its 11 shareholder countries—Albania,Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia,Turkey, and Ukraine. The bank’s authorized capital is SDR 1 billion (about$1.35 billion).

 

The bstdb willprovide financial and technical assistance to viable projects and tradeactivities. Eligible projects, from both the public and private sectors of itsmember countries, are required to facilitate trade and investment activities,promote economic prosperity in member countries, achieve economic developmentin the region, and mobilize domestic and foreign capital. Priority will begiven to telecommunications, manufacturing, financial services, transportation,energy and natural resources, and agribusiness.

 

The bstdb willoffer loans of up to 35 percent of the total project cost or will take equityparticipation not exceeding 33 percent of the total capital of an enterprise.In the first years of operation of the bank, trade finance that may support upto 100 percent of a transaction will be available for the short term.

 

The bstdb isinterested in acting as a complementary source of financing and in attractingadditional sources of financing to the region.

 

*For furtherinformation, contact the*bstdb *at tel: +30 (31) 290-400; fax 221-796,286-590; or email [email protected], or visit its Website at www.bstdb.gr.*
### **CHAPTER 9—URBAN LAND USE**

Sec.
901.
Purpose and policy.
902.
Definitions.
903.
Acquisition and use.
904.
Disposal.
905.
Waiver.
§ 1500.81 Referenda. ( a ) A referendum will be held to determine whether manufacturers favor enactment of this Order. A manufacturer shall be considered eligible to vote if the manufacturer has manufactured concrete masonry products during a period of at least 180 days prior to the first day of the period during which voting in the referendum will occur. For the initial referendum, an eligible person is a manufacturer of concrete units that is subject to the initial rate of assessment in § 1500.51. Each manufacturer eligible to vote in the referendum shall be entitled to one vote. This Order became effective after approval by a majority of manufacturers voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum.
( b ) After the initial referendum, the Secretary shall conduct a referendum upon the request of the Board, or effective beginning November 30, 2026, and at 5-year intervals thereafter, by petition from not less than 25% of manufacturers eligible to vote. Each manufacturer eligible to vote in subsequent referenda shall be entitled to one vote. The Order will remain in effect if approved by a majority of manufactures voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum.
( c ) For any new proposed order, voter eligibility will be based on the scope of such proposed order. A future proposed Order becomes effective if approved by a majority of manufacturers voting and any other criteria established by the Secretary based on the scope of such future proposed order.
### §7263. Representation of parties; fee agreements

(a) The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.

(b) Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under section 7264 of this title. In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.

(c) A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.

(d) In reviewing a fee agreement under subsection (c) of this section or under section 5904(c)(2) of this title, the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4116, §4063; renumbered §7263 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

#### **Editorial Notes**

#### Amendments

1998—Subsec. (a). Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4063 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b). Pub. L. 102–40, §402(d)(1), substituted "7264" for "4064".

Subsec. (d). Pub. L. 102–40, §402(d)(1), substituted "5904(c)(2)" for "3404(c)(2)".

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

#### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
#### Jerome Kohlberg, Appellant, v. Lake-Chester Land Corporation, Respondent, and City of New Rochelle, Appellant.

Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ. [See *ante,*p. 716.]
FOOD PROCESSING AND PACKAGING EQUIPMENT IN GEORGIA

----

24 JUL 97
#### § 5.1 Purpose.

This part prescribes regulations to assure the granting of preference to blind persons licensed under the provisions of the Randolph-Sheppard Vending Stand Act (49 Stat. 1559, as amended by the act of August 3, 1954, 68 Stat. 663; 20 U.S.C. 107) for the operation of vending stands (which term as used in this order includes vending machines).
#### Millie Tauraso, as Administratrix of the Estate of Pasquale Tauraso, Deceased, Respondent, v. The Texas Company, Appellant-Respondent; Ralph Troise et al., Copartners Doing Business as the R. & N. Service Station, et al., Appellants, et al., Defendants.

Judgment against appellants Ralph Troise and Nicholas Lamaina, insofar as appealed from, unanimously affirmed, with costs. On appeal by appellant Jane Eyre Co., Inc., the order denying its motion for judgment over against The Texas Company on its cross complaint, insofar as appealed from, is unanimously affirmed, without costs. A new trial would in any event be granted on the ground that the implicit finding that the above-named corporate defendants were guilty of a breach of duty that caused the accident is contrary to the evidence and to the weight thereof, and on the ground that it was error to permit amendment of the pleadings, so as to allege a different theory of action than that originally pleaded, without granting an adjournment to permit preparation of a defense thereto. The defendant Jane Eyre Co., Inc., was the owner of a gasoline service station. The defendant The Texas Company was the lessee thereof out of control and possession. A servant or employee of defendants Troise and Lamaina, the subtenants of the lessee, who were in control and possession of the premises, backed" an automobile out of the station across the sidewalk, without notice or warning, into and against a pedestrian on the sidewalk, causing injuries allegedly resulting in death. The verdict against the defendants Jane Eyre Co., Inc., and The Texas Company was based upon the ground that the construction of the service station was inherently dangerous and that the station was so constructed and arranged that the use thereof for the purpose for which it was erected was dangerous, and that the *857happening of the accident in the manner alleged and proved was reasonably foreseeable. There is no evidence to support that theory of liability. Furthermore, the record is devoid of proof that the alleged dangerous construction was the proximate cause of the accident. There was no causal connection between the location of the pumps and the negligent operation of the automobile across the sidewalk by the defendant Lenerise, which negligent operation was the sole cause of the accident. The corporate defendants are not liable for the independent negligent act of defendant Lenerise, an employee of the subtenants in control and possession of the premises. Nolan, P. J., Johnston, Adel, Sneed and MacCrate, JJ., concur. [192 Misc. 147.] [See *post,*p. 1003.]
§ 710.3 Purposes of the Convention and CWCR. ( a ) *Purposes of the Convention.* ( 1 ) The Convention imposes upon the United States, as a State Party, certain declaration, inspection, and other obligations. In addition, the United States and other States Parties to the Convention undertake never under any circumstances to: ( i ) Develop, produce, otherwise acquire, stockpile, or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;
( ii ) Use chemical weapons;
( iii ) Engage in any military preparations to use chemical weapons; or
( iv ) Assist, encourage or induce, in any way, anyone to engage in any activity prohibited by the Convention.
( 2 ) One objective of the Convention is to assure States Parties that lawful activities of chemical producers and users are not converted to unlawful activities related to chemical weapons. To achieve this objective and to give States Parties a mechanism to verify compliance, the Convention requires the United States and all other States Parties to submit declarations concerning chemical production, consumption, processing and other activities, and to permit international inspections within their borders.
( b ) *Purposes of the Chemical Weapons Convention Regulations.* To fulfill the United States' obligations under the Convention, the CWCR (parts 710 through 729 of this subchapter) prohibit certain activities, and compel the submission of information from all facilities in the United States, except for Department of Defense and Department of Energy facilities and facilities of other U.S. Government agencies that notify the USNA of their decision to be excluded from the CWCR on activities, including exports and imports of scheduled chemicals and certain information regarding unscheduled discrete organic chemicals as described in parts 712 through 715 of the CWCR. U.S. Government facilities are those owned by or leased to the U.S. Government, including facilities that are contractor-operated. The CWCR also require access for on-site inspections and monitoring by the OPCW, as described in parts 716 and 717 of the CWCR.
### §210304. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 210304(a) | 36:3005 (words before 3d comma). | Oct. 30, 1984, Pub. L. 98–565, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 2920. |
| 210304(b) | 36:3005 (words after 3d comma related to discrimination in membership). | |

Section
### §7331. Informed consent

The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of section 7334 of this title, shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof.

(Added Pub. L. 94–581, title I, §111(a)(1), Oct. 21, 1976, 90 Stat. 2849, §4131; renumbered §7331 and amended Pub. L. 102–40, title IV, §§401(a)(4)(A), 402(d)(1), 403(a)(1), May 7, 1991, 105 Stat. 221, 239; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

#### **Editorial Notes**

#### Amendments

1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director".

1991—Pub. L. 102–40, §401(a)(4)(A), renumbered section 4131 of this title as this section.

Pub. L. 102–40, §403(a)(1), substituted "Secretary" for "Administrator".

Pub. L. 102–40, §402(d)(1), substituted "7334" for "4134".

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

#### Effective Date

Subchapter effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as an Effective Date of 1976 Amendment note under section 111 of this title.
#### § 1180.6 Production of additional copies.

Unless the agency determines that such action would not be feasible, it shall make appropriate arrangements to enable NTIS, from time to time and at NTIS's own discretion and expense, to ride agency printing and other reproduction orders.
### IN THE TENTH COURT OF APPEALS
No. 10
- 09
- 00394
- CR
WILLIAM CHARLES WEBB , Appellant
v.
THE STATE OF TEXAS , Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2009
- 1263
- C2

MEMORANDUM OPINION
This is an appeal of the trial court’s denial of Appellant’s request for bond reduction pending trial. Appellant’s counsel and the district clerk have notified this Court that Appellant was convicted under a guilty plea. This appeal is dismissed as moot. See Oldham v. State, 5 S.W.3d 840, 846 (Tex. App.

— Houston [14th Dist.] 1999, pet. ref’d) (“Issues concerning pretrial bail are moot after the accused is convicted.”); see also Ex parte Smith, No. 09

- 06

- 397

- CR, 2006 WL 3438083 (Tex. App.

— Beaumont Nov. 29, 2006, no pet.) (mem. op. ) (not designated forWebb v. State Page 2

publication) (dismissing as moot appeal on pretrial bail reduction because of appellant’s guilty plea).

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed June 16, 2010 Do n ot p ublish [CR25]
### §80501. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80501 | 36:1613. | Dec. 4, 1980, Pub. L. 96–497, §14, 94 Stat. 2597. |

Section

The word "includes" is substituted for "means" for consistency in the revised title. The word "several" is omitted as unnecessary. The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".
-80 -78 -76 -74 -72

36 38 40 

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### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 27 Jun 07

EDAS Meteorological DataSource★at 39.41 N 76.30 WMeters AGL
Post Final Decision Material 

Not Included 

in the Administrative Record