alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 13

- 13367 Non

- Argument Calendar

________________________ D.C. Docket No. 3:12

- cv
- 00617

- HLA

- TEM NELLIE ANN ETTE BROWN,

Plaintiff

- Appellant ,

versus PUTNAM COUNTY HEALTH DEPARTMENT HEALTHY FAMI LIES, et al., Defendants, DEPARTMENT OF HEALTH, GOVER NMENT AGENCY,
Defendant

- Appellee

.

________________________ Appeal from the United States District Court for the Middle Distric t of Florida

________________________ (January 2, 2014) Before HULL , MARCUS and PRYOR , Circuit Judges.
PER CURIAM:

Case: 13-13367 Date Filed: 01/02/2014 Page: 1 of 22 Nellie Brown appeals pro se the dismissal of her third amended complaint. The district court dismissed Brown’s complaint for fail ur e to perfect service of
process , and Brown do es not challenge that ruling

. See Timson v. Sampson , 518 F.3d 870, 874 (11 th Cir

. 2008)

. T he district court instructed Brown how to perfect service of process and what party to name as the proper defendant , gave her three opportunities to comply with those instructions, and warned her that the failure to perfect service of her third amended complaint would result in dismissal.
A lthough we treat pro se litigants like Brown leniently, “we nevertheless ... require[ ] them to conform to procedural rules.” Albra v. Advan, Inc. , 490 F.3d 826, 829 (11th Cir. 2007) (quoting Loren v. Sasser , 309 F.3d 1296, 1304 (11th Cir. 2002) )

. We AFFIRM the dismissal of Brown’s third amended complaint

. Case: 13-13367 Date Filed: 01/02/2014 Page: 2 of 2
§ 1025.45 *In camera* materials. ( a ) *Definition. In camera* materials are documents, testimony, or other data which by order of the Presiding Officer or the Commission are kept confidential and excluded from the public record.
( b ) *In camera treatment of documents and testimony.* The Presiding Officer or the Commission shall have authority, when good cause is found on the record, to order documents or testimony offered in evidence, whether admitted or rejected, to be received and preserve *in camera.* The order shall specify the length of time for *in camera* treatment and shall include: ( 1 ) A description of the documents or testimony;
( 2 ) The reasons for granting *in camera* treatment for the specified length of time; and
( 3 ) The terms and conditions imposed by the Presiding Official, if any, limiting access to or use of the *in camera* material.
( c ) *Access and disclosure to parties.* ( 1 ) Commissioners and their staffs, Presiding Officers and their staffs, and Commission staff members concerned with judicial review shall have complete access to *in camera* materials. Any party to the proceedings may seek access only in accordance with paragraph (c)(2) of this section.
( 2 ) Any party desiring access to, or disclosure of, *in camera* materials for the preparation and presentation of that party's case shall make a motion which sets forth its justification. The Presiding Officer or the Commission may grant such motion for good cause shown and shall enter a protective order prohibiting unnecessary disclosure and requiring any other necessary safeguards. The Presiding Officer or the Commission may examine the *in camera* materials and excise any portions prior to disclosure of the materials to the moving party.
( d ) *Segregation of in camera materials. In camera* materials shall be segregated from the public record and protected from public view.
( e ) *Public release of in camera materials. In camera* materials constitute a part of the confidential records of the Commission and shall not be released to the public until the expiration of *in camera* treatment.
( f ) *Reference to in camera materials.* In the submission of proposed findings, conclusions, briefs, or other documents, all parties shall refrain from disclosing specific details of *in camera* materials. However, such refraining shall not preclude general references to such materials. To the extent that parties consider necessary the inclusion of specific details of *in camera* materials, those references shall be incorporated into separate proposed findings, conclusions, briefs, or other documents marked “Confidential, Contains *In Camera* Material,” which shall be placed *in camera* and become part of the *in camera* record. Those documents shall be served only on parties accorded access to the *in camera* materials by these rules, the Presiding Officer, or the Commission.
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 on Form 10-Q of Inland Western Retail Real Estate Trust, Inc. (the "Company") for quarter ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Robert D. Parks, as Chief Executive Officer of the Company, Steven P. Grimes, as Principal Financial Officer, and Lori J. Foust, as Principal Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his or her 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 results of operations of the Company.

|      | /s/ Robert D. Parks         
|----- | ----------------------------
|      |                             
|      |                             
|Name: | Robert D. Parks             
|      | Chief Executive Officer     
|      |                             
|Date: | May 9, 2005                 
|      |                             
|      |                             
|      |                             
|      | /s/ Steven P. Grimes        
|      |                             
|Name: | Steven P. Grimes            
|      | Principal Financial Officer 
|      |                             
|Date: | May 9, 2005                 
|      |                             
|      |                             
|      |                             
|      | /s/ Lori J. Foust           
|      |                             
|Name: | Lori J. Foust               
|      | Principal Accounting Officer
|      |                             
|Date: | May 9, 2005                 
|      |
Filed by Automated Filing Services Inc. (604) 609-0244 - Teryl Resources Corp. - Exhibit 4.8






Exhibit 4.8 

AGREEMENT 

THIS AGREEMENT is dated for reference the 5th day of
March, 2005. 

BETWEEN: 

LINUXWIZARDRY SYSTEMS, INC.

#120, 3011 Viking Way 
Richmond, BC V6V 1W1 

("Linux") 

OF THE FIRST PART 

AND: 

TERYL RESOURCES CORP. 
#120,
3011 Viking Way 
Richmond, BC V6V 1W1 

("Teryl") 

OF THE SECOND PART 

1.. 

WHEREAS: 

A.        Linux owns a 50%
interest in 30 claims in Fairbanks, Alaska called the Fish Creek Claims; 

B.        Linux and Teryl
have agreed to a joint venture on the Fish Creek Claims in an agreement dated
March 5,2002; 

NOW THEREFORE in consideration of the mutual covenants and
conditions set forth herein, the parties hereto agree as follows: 

1.        Linux agrees to
extend the said Fish Creek Claims agreement until March 5,2007, in consideration
for 100,000 shares of Teryl Resources Corp 

IN WITNESS WHEREOF the parties hereto have executed this
Agreement as of the day and year first above written. 

	LINUXWIZARDRY SYSTEMS, INC. 	 	TERYL RESOURCES CORP. 
	  	 	  
	  	 	  
	/s/ John
      Robertson 	 	/s/
      John Robertson 
	Signature 	 	Signature 
	  	 	  
	John
      Robertson 	 	John Robertson 
	Print Name 	 	Print Name 
	  	 	  
	President
    	 	President 
	Title 	 	Title
### SUBCHAPTER VII—SPACE SCIENCE
### Part D—Miscellaneous Provisions Relating to Substance Abuse and Mental Health
May 19, 2016

JUDGMENT

The Fourteenth Court of Appeals

SHERILL ANN SMALL, Appellant

NO. 14-15-00039-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. 

Having considered the record, this Court holds that there was no error in the 

judgment. The Court orders the judgment AFFIRMED.

We further order appellant pay all costs expended in the appeal.

We further order this decision certified below for observance.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

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

## FILED December 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50687 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FERNANDO RIVERA-DELGADO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-02-CR-00721-ALL

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Fernando Rivera-Delgado appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Rivera-Delgado contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Rivera-Delgado maintains that heNo. 03-50687 -2- pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Rivera-Delgado acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
§ 1011.3 General requirements for various kinds of meetings. Meetings which involve Agency staff or the Commissioners, other than Commission meetings, are classified in the following categories and shall be held according to the procedures outlined within each category. ( a ) *Hearings.* Hearings are public inquiries held by direction of the Commission for the purpose of fact finding or to comply with statutory requirements. The Office of the Secretary is responsible for providing transcription services at the hearings. Where possible, notice of forthcoming hearings will be published in the Public Calendar and the Federal Register at least 30 days before the date of the hearings.
( b ) *Meetings between Commissioners or Agency staff and outside parties.* The requirements for Agency meetings between Commissioners or Agency staff and outside parties involving substantial interest matters are contained in 16 CFR part 1012.
( c ) *Commission meetings.* The requirements for Commission meetings under the Government in the Sunshine Act, 5 U.S.C. 552b are contained in 16 CFR part 1013.
( d ) *Staff meetings.* As a general rule, only Agency employees attend staff meetings. At the discretion of the participants, Staff meetings may be listed on the Public Calendar and attendance by the public may be permitted. Recordkeeping is at the discretion of the participants.
( e ) *Advisory committee meetings.* Meetings of the Agency's advisory committees are scheduled by the Commission. Advance notice will be given in both the Public Calendar and the Federal Register. Advisory committee meetings serve as a forum for discussion of matters relevant to the Agency's statutory responsibilities with the objective of providing advice and recommendations to the Commission. The Agency's advisory committees are the National Advisory Committee for the Flammable Fabrics Act, the Product Safety Advisory Council, the Technical Advisory Committee on Poison Prevention Packaging and the Toxicological Advisory Board. The Office of the Secretary is responsible for the recordkeeping for such meetings. The Commission's regulation for the management of its advisory committees is set out in 16 CFR part 1018.
----

----

| By:                      |                                                       |   |   |
|--------------------------|------------------------------------------------------------|--------|--------|
|                     |  /s/ Brent M.      Boyles                             |   |   |
|                     |                                                       |   |   |
|                     |  Brent M.      Boyles                                 |   |   |
|                     |  President and      Chief Executive Officer           |   |   |
|                     |  (Principal      Executive Officer)                   |   |   |
|                     |                                                       |   |   |
|                     |  /s/ Michael I.      Williams                         |   |   |
|                     |                                                       |   |   |
|                     |  Michael I.      Williams                             |   |   |
|                     |  Senior Vice      President, Chief Financial Officer, |   |   |
|                     |         Treasurer and Assistant Secretary        |   |   |
|                     |  (Principal      Financial and Accounting Officer)    |   |   |
|                     |                                                       |   |   |
| Dated:      May 10, 2010 |                                                       |   |

----

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2383 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2383

To amend the Internal Revenue Code of 1986 to clarify the tax treatment 
                      of smoking cessation costs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2003

 Mr. Ramstad introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to clarify the tax treatment 
                      of smoking cessation costs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SMOKING CESSATION COSTS.

    (a) In General.--Subsection (b) of section 213 of the Internal 
Revenue Code of 1986 (relating to limitation with respect to medicine 
and drugs) is amended to read as follows:
    ``(b) Limitation With Respect to Medicine and Drugs.--An amount 
paid during the taxable year for medicine or a drug shall be taken into 
account under subsection (a) only if such medicine or drug is--
            ``(1) a prescribed drug or insulin, or
            ``(2) part of a pharmacotherapy prescribed by a physician 
        as part of a smoking cessation program.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of enactment of this Act.
                                 <all>
```
NRC SEEKS PUBLIC COMMENT ON IMPLEMENTATION

OF REACTOR OVERSIGHT PROCESS

The Nuclear Regulatory Commission is seeking public comment on the implementation of 

the Reactor Oversight Process (ROP), which the agency put in place 11 years ago to revamp and 

improve its inspection and enforcement programs for commercial nuclear power plants. Every two 

years, the NRC seeks feedback from the public to help the agency continue to improve its regulatory 

approach.

In particular, the NRC would appreciate the public’s feedback on a list of questions relating 

to the ROP, including the following:

Does the Inspection Program adequately cover areas important to safety?

Is the information in NRC inspection reports useful to you?

Is the ROP understandable, and are the processes, procedures and products clear and written 

in plain English?

Has the public had sufficient opportunity to participate in the ROP and provide input and 

comments?

All information on the survey is contained in the Federal Register notice. The 2011 ROP Survey is 

available on the NRC’s website.

The comment period runs until Jan. 13, 2012. You may submit survey forms by emailing the 

electronic version via the NRC website and select “submit survey” button; e-mail scanned survey 

forms to ROPSurvey@nrc.gov or mail the survey forms to Cindy Bladey, Chief, Rules, 

Announcements and Directives Branch, Office of Administration, Mail Stop TWV-05-B01M, U.S. 

Nuclear Regulatory Commission, Washington, D.C., 20555-0001 and include Docket ID 

NRC-2011-0270 in the subject line of your submission. 

Information regarding the ROP and licensee performance can be found on the NRC website. 

Public survey submissions and supporting materials related to this action can be found at 

Regulations.gov by searching on Docket ID NRC-2011-0270 ; NRC’s Public Document Room, 

One White Flint North, 11555 Rockville Pike, Rockville, Md, Room 01-F21, and in the agency’s 

electronic document management system, ADAMS accession number ML112030316.

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should contact 

the Office of Public Affairs beforehand.

News releases are available through a free listserv subscription or by clicking on the EMAIL UPDATES link 

on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are posted to 

NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 11-217 November 29, 2011
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.                  

###### Nuclear Regulatory Commission

The ACRS Subcommittee on Planning and Procedures will hold a meeting on December 1, 2004, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c) (2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. 

The agenda for the subject meeting shall be as follows: 

## Wednesday, December 1, 2004—11:30 a.m.—1 p.m. 

The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. 

Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Sam Duraiswamy (telephone: 301-415-7364) between 7:30 a.m. and 4:15 p.m. (ET) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. 

Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. 

Dated: November 16, 2004. 

John H. Flack, 

Acting Branch Chief, ACRS/ACNW. 

[FR Doc. 04-25778 Filed 11-19-04; 8:45 am] 

BILLING CODE 7590-01-P
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*^F COPY OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS ~^ >

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

*****• *'•*»

1/12/2016 COA No. 12-14-00160-CR

JOHNSON, JOSHE LEESHEENTr. Ct. No. 2013-0719 PD-1299-15

This is to serve notice to the court of appeals that this Court granted a motion for

extension of time to file a petition for discretionary review until December 15, 2015.

The time for filing the petition for discretionary review has expired.

Abel Acosta, Clerk

12TH COURT OF APPEALS CLERK

PAM ESTES

1517 W. FRONT, ROOM 354

TYLER, TX 75701

* DELIVERED VIA E-MAIL *