alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ricky Joseph ALEX, Plaintiff-Appellant, v. Richard L. STALDER; Venetia Michael; Jerry Goodwin; Ray Hanson; Jamie Fussell; Sergeant Rios; Tony Tobin; Ricky Andrews; Curt Wainwright, Defendants-Appellees.

No. 05-30982

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 27, 2007.

Ricky Joseph Alex, Homer, LA, pro se.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

PER CURIAM: *

Ricky Joseph Alex, Louisiana prisoner # 98130, appeals from the dismissal of his 42 U.S.C. § 1983 action as frivolous. He contends that the conditions of his confinement violated the Eighth Amendment; that the conditions of his confinement violated the Due Process Clause; and that the dismissal of his action before discovery and service of the defendants violated the Due Process Clause.

Alex’s appellate allegations regarding the taking of his mattress from his cell during the daytime do not give rise to any Eighth Amendment violation. *See Novak v. Beto,*453 F.2d 661, 665-66 (5th Cir. 1971). Alex does not allege on appeal that he was deprived of his mattress during sleeping hours; he thus has abandoned any such claim. *See Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987). Moreover, the serving of food loaf, without more, does not give rise to an Eighth Amendment violation. *See Green v. Ferrell,*801 F.2d 765, 770 (5th Cir.1986).

Alex’s allegations regarding the cold temperatures in his cell, however, do give rise to a nonfrivolous Eighth Amendment contention. He alleges that he was held in very cold conditions, for an extended period in November and December, wearing nothing but a paper gown during the daytime, and that he was ordered to remain on the cold concrete whenever he attempted to sleep on the warmer, metal bunk. Alex has a right to protection from extreme cold. *See Palmer v. Johnson,*193 F.3d 346, 353 (5th Cir.1999); *Beck v. Ly-*
      *314
      *naugh,*842 F.2d 759, 760 (5th Cir.1988). Alex may not recover compensatory damages absent a showing of a physical injury, 42 U.S.C. § 1997e(e); *Harper v. Showers,*174 F.3d 716, 719 (5th Cir.1999). However, he may be entitled to injunctive relief, *see Harper,*174 F.3d at 719, and nominal or punitive damages. *See Williams v. Kaufman County,*352 F.3d 994, 1014-15 (5th Cir.2003). The dismissal of Alex’s claim regarding the cold temperatures in his cell was erroneous. *See Harper,*174 F.3d at718 *&*n. 3.

Finally, the district court did not err by dismissing Alex’s action before discovery or service of the defendants. *See Ali v. Higgs,*892 F.2d 438, 440 (5th Cir.1990).

AFFIRMED IN PART; VACATED AND REMANDED IN PART.

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.
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

RONALD J. MCINTOSH,

Plaintiff,

 v.

ERIC H. HOLDER JR.,

Defendant. /

No. C09-00750 CRB

ORDER RE REQUEST FOR

CLARIFICATION ON 5/12/16 ORDER

TO SHOW CAUSE 

The Court previously issued an Order directing the government to show cause why

McIntosh’s habeas petition should not be granted. See OSC (dkt. 211). The Court hereby

VACATES the hearing dates and briefing schedule noticed by McIntosh. See Habeas Petition

Minute Entry (dkt. 205). The Government’s Opposition remains due on June 10, 2016. McIntosh

may file a reply, if at all, no later than June 17, 2016. 

IT IS SO ORDERED.

Dated: May 18, 2016 

CHARLES R. BREYER

UNITED STATES DISTRICT JUDGE

Case 3:09-cv-00750-CRB Document 214 Filed 05/18/16 Page 1 of 1
EXHIBIT 99.1



                            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 ACI Telecentrics, Inc. (the
"Company") on Form 10-Q /A for the quarter ended September, 30, 2002 as filed
with the Securities and Exchange Commission (the "Report"), I, Rick N. Diamond,
Chief Executive 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:

     (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 operation of
          the Company.




Dated: /s/ May 30, 2003                              By: /s/ RICK N. DIAMOND
       --------------------                              -----------------------
                                                         Rick N. Diamond
                                                         Chief Executive Officer




                                       23
### **CHAPTER 7—HOMESTEADS**

#### SUBCHAPTER I—GENERAL PROVISIONS

Sec.
161 to 176. Repealed or Transferred.
177.
Patents for lands in New Mexico held under color of title.
178.
Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants.
179, 180.
Repealed.

#### SUBCHAPTER II—RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

181 to 191. Repealed.

#### SUBCHAPTER III—LANDS SUBJECT TO ENTRY

201 to 208. Repealed.
209.
Extension of public-land laws to certain lands in Oklahoma.
210.
Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries.

#### SUBCHAPTER IV—LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES

211 to 224. Repealed.

#### SUBCHAPTER V—LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION

231 to 243a. Repealed.

#### SUBCHAPTER VI—FINAL PROOF GENERALLY

251 to 256b. Repealed.

#### SUBCHAPTER VII—PAYMENTS AND REFUNDS

261 to 263. Repealed.

#### SUBCHAPTER VIII—ALASKA HOMESTEADS

270 to 270–11. Repealed.
270–12.
Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal.
270–13 to 270–17. Repealed.

#### SUBCHAPTER IX—SOLDIERS' AND SAILORS' HOMESTEAD

271 to 284. Repealed.

#### SUBCHAPTER X—STOCK-RAISING HOMESTEAD

291 to 298. Repealed.
299.
Reservation of coal and mineral rights.
300.
Repealed.
301.
Rules and regulations.
302.
Repealed.
#### § 1000.242 When does the requirement for exemption from taxation apply to affordable housing activities?

The requirement for exemption from taxation applies only to rental and lease-purchase homeownership units assisted with IHBG funds which are owned by the Indian tribe or TDHE.
### §123. Continuance of land offices when required by public convenience

The Secretary of the Interior may continue any land district in which is situated the seat of government of any one of the States, and may continue the land office in such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his opinion, such continuance is required by public convenience, or in order to close the land system in such State.

(R.S. §2249.)

#### **Editorial Notes**

#### Codification

R.S. §2249 derived from act Sept. 4, 1841, ch. 16, §7, 5 Stat. 455.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
|Wachovia Securities 8739 Research Drive, URP4 Charlotte, NC 28288

WACHOVIA SECURITIES

Management Assertion
As of and for the year ended December 31, 2004, the Commercial Real Estate Servicing Division of Wachovia Bank, National Association (the Bank) has complied in all material respects with the minimum servicing standards set forth in the Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation Program for Mortgage Bankers, except for minimum servicing standards V.4. and VI.1., which the MBA has interpreted as being inapplicable to the servicing of commercial and multifamily loans. As of and for this same period, the Bank had in effect a fidelity bond and errors and omissions policy in the amount of $200 million and $25 million, respectively. /s/ Alan Kronovet



3-8-05
Alan Kronovet



Date
Managing Director Wachovia Bank, National Association /s/ Clyde Alexander



3-8-05
Clyde Alexander



Date
Director Wachovia Bank, National Association /s/ Tim Steward



3-8-05
Tim Steward



Date
Director Wachovia Bank, National Association /s/ Tim Ryan



3-8-05
Tim Ryan




Date
Director Wachovia Bank, National Association
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
Bureau of Labor Statistics

**Series Id: Series title:**  **Labor force status: Type of data:**  **Age: Years:**  **Year Qtr1**  **Qtr2 Qtr3**  **Qtr4 Annual**  **2011** 86121 Not in labor force Number in thousands 16 years and over 2011 to 2011 

### Labor Force Statistics from the Current Population Survey **Original Data Value** LNU05000000Q **Not Seasonally Adjusted** (Unadj) Not in Labor Force

Source: Bureau of Labor Statistics Generated on: May 16, 2011 (02:07:01 PM)
Amendment No. 1 to Eclipsys Amended & Restated 2000 Stock Incentive Plan



  
 Exhibit 10.13

 AMENDMENT NUMBER ONE 
 TO THE ECLIPSYS CORPORATION 
 AMENDED AND RESTATED 

2000 STOCK INCENTIVE PLAN 
 WHEREAS, Eclipsys Corporation (“Eclipsys”) has established the Eclipsys Corporation Amended and Restated 2000 Stock Incentive Plan (the “Plan”); 

WHEREAS, Eclipsys, Allscripts-Misys Healthcare Solutions, Inc. (“Allscripts”) and Arsenal Merger Corporation have entered into
an Agreement and Plan of Merger dated June 9, 2010 (the “Merger Agreement”) under which Eclipsys will merge with and into a wholly owned subsidiary of Allscripts (the “Transaction”); 

WHEREAS, the Board of Directors of Eclipsys has the authority under Section 10(d) of the Plan to amend the Plan; and 

WHEREAS, the Board desires to amend the Plan to provide that the Compensation Committee of the Board of Directors of Allscripts will
administer the Plan effective on and after the effective time of the Transaction (the “Transaction Date”). 
 NOW,
THEREFORE, pursuant to the power of amendment set forth in the Plan, the Plan is hereby amended as follows effective on and after the Transaction Date: 
 1. By amending the second sentence of Section 1 to replace the term “Board of Directors of the Company” with the term “Board of Directors of Allscripts-Misys Healthcare Solutions,
Inc.” 
 2. By amending Section 3(b) to add the following new sentence to the end thereof: 

“Notwithstanding any contrary provision herein, the Committee shall be entitled to exercise all of the powers of the Board under the
Plan without any further action by the Board to delegate these powers to the Committee. In addition, the term “Committee” shall mean the Compensation Committee of the Board of Directors of Allscripts-Misys Healthcare Solutions, Inc. (or a
subcommittee or subcommittee of the Board of Directors of Allscripts-Misys Healthcare Solutions, Inc. appointed by that board from among its members).” 
 3. By amending Section 9(f) to add the following new sentence to the end thereof: 
 “To the extent an outstanding Award requires Company action for the amendment of such award, the Board or Committee shall act on behalf of the Company.” 

4. Except as hereinabove amended and modified, the Plan shall remain in full force and effect.
**EXHIBIT 32.1**

 

**Certification Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United StatesCode)**

** **

Pursuant to Section 906 of the Sarbanes-Oxley Act of2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, UnitedStates Code), I, John W. Elias, Chief Executive Officer of Edge PetroleumCorporation, a Delaware corporation (the “Company”), hereby certify, to myknowledge, that:

 

(1)                                  theCompany’s Quarterly Report on Form 10-Q for the three months ended March 31,2006 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Dated: | May 8, 2006 | /s/ John W. Elias       |
|--------|-------------|-------------------------|
|   | Name:       | John W. Elias           |
|   |        | Chief Executive Officer |

 

----
§ 241.805 Insurance premiums. ( a ) *First premium.* The lender, upon the endorsement of the loan for insurance, shall pay to the Commissioner a first loan insurance premium equal to one percent of the original face amount of the note.
( b ) *Second premium.* The lender, on the date of the first principal payment, shall pay a second premium equal to one percent of the average outstanding principal obligation of the loan for the year following such first principal payment date which shall be adjusted as of that date so that the aggregate of the first and second premiums shall equal the sum of one percent per annum of the average outstanding principal obligation of the loan for the period from the date of the insurance endorsement to one year following the date of the first principal payment.
( c ) *Annual insurance premium.* Until the note is paid in full, or until the loan is assigned to the Commissioner, or until the contract of insurance is otherwise terminated with the consent of the Commissioner, the lender, on each anniversary of the date of the first principal payment shall pay an annual loan insurance premium equal to one percent of the average outstanding principal obligation of the loan for the year following the date on which such premium becomes payable.
( d ) *Method of premium payment.* Premiums shall be payable in cash or in debentures of the General Insurance Fund at par plus accrued interest. All premiums are payable in advance and no refund can be made of any portion thereof except as provided in this part.
( e ) *Calculation of premiums.* The premiums payable on and after the date of the first principal payment shall be calculated in accordance with the amortization provisions without taking into account delinquent payments or prepayments.
Exhibit 32.1

                   Certification Pursuant to 18 U.S.C.ss.1350

     In  connection  with the  filing  with the  United  States  Securities  and
Exchange Commission of Emergent Group Inc.'s (the "Company") Quarterly Report on
Form  10-QSB  for  the  quarter  ended  March  31,  2005  (the  "Report"),   the
undersigned,  the Chief Executive Officer of the Company,  hereby certifies that
(i)  in my  capacity  as an  officer  of the  Company,  (ii)  to my  own  actual
knowledge, and (iii) solely for the purpose of compliance with 18 U.S.C.ss.1350,
that:

     (1)  the Report fully complies with the  requirements  of ss.13(a) or 15(d)
          of the Securities Exchange Act of 1934, as amended; and

     (2)  the  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.

     The  above  certification  is  given as of the  date of the  Report  and is
limited to the periods covered by the Report.

     IN WITNESS  WHEREOF,  the undersigned have executed this Certificate on May
13, 2005.



                                             By:/s/ Bruce J. Haber
                                             ---------------------
                                             Bruce J. Haber
                                             Chief Executive Officer
#### § 242.29 Payment requirements.

The mortgage shall provide for payments on the first day of each month in accordance with an amortization plan agreed upon by the mortgagor, the mortgagee, and HUD.
### §2610c. Repealed. Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845.

Section, Pub. L. 87–415, title II, §261, as added Pub. L. 89–794, Title X, §1001(c), Nov. 8, 1966, 80 Stat. 1475, made provision for programs for needy persons requiring work experience, supportive services, or training.

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

#### Effective Date of Repeal

Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845, provided that the repeal is effective with respect to fiscal years after June 30, 1974.
#### § 214.1 Purpose.

This part implements the Housing Counseling Program authorized by section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x). Section 106 authorizes HUD to make grants to, or contract with, public or private organizations to provide a broad range of housing counseling services to homeowners and tenants to assist them in improving their housing conditions and in meeting the responsibilities of tenancy or homeownership. Section 106 also directs HUD to provide housing counseling services only through agencies or individuals that have been certified by HUD as competent to provide such services. The regulations contained in this part prescribe the procedures and requirements by which the Housing Counseling Program will be administered, including the process by which agencies are approved and individuals will be certified to provide the homeownership and rental counseling, as defined by section 106. These regulations apply to all agencies participating in HUD's Housing Counseling Program, and to all organizations or entities that deliver housing counseling, including homeownership counseling or rental housing counseling, required under or provided in connection with HUD programs.

[81 FR 90657, Dec. 14, 2016]
### §8839. Office of Energy from Municipal Waste

#### (a) Establishment in Department of Energy; appointment of Director

There is hereby established within the Department of Energy an Office of Energy from Municipal Waste (hereinafter in this section referred to as the "Office") to be headed by a Director, who shall be appointed by the Secretary of Energy.

#### (b) Functions

It shall be the function of the Office to perform—

(1) the research, development, demonstration, and commercialization activities authorized under this subchapter (including those authorized under section 8837 of this title), and

(2) such other duties relating to the production of energy from municipal waste as the Secretary of Energy may assign to the Office.

#### (c) Consultations respecting implementation of functions

In carrying out functions tranferred 1 or assigned to the Office, the Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and the heads of such other Federal agencies, as appropriate.

#### (d) Transfer of related functions and personnel from Department of Energy

The Secretary shall provide for the transfer to the Office of the functions relating to, and personnel of the Department who are responsible for the administration of, programs in existence on June 30, 1980, which relate to the research, development, demonstration, and commercialization of technologies for the recovery of energy from municipal waste.

(Pub. L. 96–294, title II, §239, June 30, 1980, 94 Stat. 704.)

1 So in original. Probably should be "transferred".
Comment Info: =================

General Comment:Exemption No. 10088
### §5773. Transferred

#### **Editorial Notes**

#### Codification

Section 5773 was editorially reclassified as section 11293 of Title 34, Crime Control and Law Enforcement.
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The deadline is set forth in the Civil Minutes filed May 28, 2010.

United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

FRANK FAHY,

Plaintiff,

 v.

ORPHEOS TARBOX, et al.,

Defendants /

No. C-09-1420 MMC

ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S MOTION FOR

ORDER TO ENLARGE TIME FOR

AMENDING COMPLAINT

Before the Court is plaintiff Frank Fahy’s “Motion for Order to Enlarge Time for

Amending Complaint,” filed July 30, 2010, by which motion plaintiff seeks an extension of

the August 2, 2010 deadline to file a motion to amend the pleadings.1

 Defendants have not

filed a response. Having read and considered the motion, the Court hereby rules as

follows.

A scheduling order, such as an order setting a deadline to file a motion to amend,

may be modified only upon a showing of “good cause” by the party seeking the

modification. See Fed. R. Civ. P. 16(b)(4). “Rule 16(b)’s ‘good cause’ standard primarily

considers the diligence of the party seeking the amendment.” Johnson v. Mammoth

Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A “district court may modify the

pretrial schedule if it cannot reasonably be met despite the diligence of the party seeking

Case 3:09-cv-01420-MMC Document 133 Filed 08/10/10 Page 1 of 2
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the extension.” Id. (internal quotation and citation omitted). 

In his motion, plaintiff asserts he needs further time to determine whether grounds to

amend may exist. Plaintiff does not indicate the nature of any proposed amendment,

however. In the absence of a showing as to the nature of the proposed amendment, the

Court cannot determine whether plaintiff has been diligent. Cf. Johnson, 975 F.2d at 609

(affirming district court’s finding plaintiff had not been diligent in seeking leave to amend,

where plaintiff was aware of basis for proposed new claim before deadline to amend had

passed).

Accordingly, plaintiff’s motion for an enlargement of time is hereby DENIED without

prejudice.

IT IS SO ORDERED.

Dated: August 10, 2010 

MAXINE M. CHESNEY

United States District Judge

Case 3:09-cv-01420-MMC Document 133 Filed 08/10/10 Page 2 of 2