alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6298

WILLIAM GREEN, Plaintiff - Appellant, versus MALCOLM A. BOOKER, JR., Clerk, Buckingham Correctional Center, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-04-723-7) Submitted: August 25, 2005 Decided: September 1, 2005 Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. William Green, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: William Green appeals from the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint. The district court’s dismissal without prejudice is not appealable. SeeDomino Sugar Corp. v. Sugar Workers Local Union 392 , 10 F.3d 1064, 1066-67 (4th Cir. 1993). A dismissal without prejudice is a final order only if “‘no amendment [in the complaint] could cure the defects in the plaintiff’s case.’” Id. at 1067 (quoting Coniston Corp. v. Vill. of Hoffman Estates , 844 F.2d 461, 463 (7th Cir. 1988)). In ascertaining whether a dismissal without prejudice is reviewable in this court, the court must determine “whether the plaintiff could save his action by merely amending his complaint.” Domino Sugar , 10 F.3d at 1066-67. In this case, Green may move in the district court to reopen his case and to file an amended complaint specifically alleging facts sufficient to state a claim under § 1983. Therefore, the dismissal order is not appealable. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
No. 05

‐ 16

‐ 00118

‐ CV

In the Court of Appeals

for the Fifth District of Texas

Rmax Operating, LLC,

Plaintiff

‐ Appellant,

v.

GAF Materials Corporation of America,

Defendant

‐ Appellee.

Appeal from the 134 th District Court of Dallas County

Honorable Dale Tillery, Judge Presiding

JOINT MOTION TO DISMISS APPEAL

Michael P. Lynn, P.C. (SBN 12738500)

mlynn@lynnllp.com

David S. Coale (SBN 00787255)

dcoale@lynnnllp.com

Elizabeth Y. Ryan (SBN 24067758)

eryan@lynnllp.com

L YNN P INKER C OX & H URST

, LLP

2100 Ross Avenue, Suite 2700

Dallas, Texas 75201

214

‐ 981

‐ 3800

– Telephone

214

‐ 981

‐ 3839

– Facsimile

Attorneys for Appellant Pete Marketos (SBN 24013101)

pete.marketos@rm

‐ firm.com

Leslie Chaggaris (SBN 24056742)

leslie.chaggaris@rm

‐ firm.com

R EESE M ARKETOS LLP

750 North Saint Paul Street, Suite 600

Dallas, Texas 75201

214

‐ 382

‐ 9810

– Telephone

214

‐ 501

‐ 0371

– Facsimile

Attorneys for Appellee ACCEPTED

05-16-00118-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

3/27/2018 1:56 PM

LISA MATZ

CLERK‐ 2

‐ TO THE HONORABLE COURT:

Appellant Rmax Operating, LLC (“Appellant”) and Appellee GAF

Materials Corporation of America (“Appellee”) hereby file this Joint

Motion to Dismiss Appeal. All matters in controversy have been fully

compromised and settled in the above

‐ captioned case and the case

previously pending in the 134 th Judicial District of Dallas County Texas,

captioned Rmax Operating, LLC v. GAF Materials Corporation of America

,

Cause No. 13

‐ 04125. Accordingly, Appellant and Appellee jointly request

that Appellant’s appeal in the above

‐ captioned proceeding be dismissed.

WHEREFORE, Appellant and Appellee request that the Court grant

this Joint Motion to Dismiss Appeal.‐ 3

‐ Dated: March 27, 2018 Respectfully submitted,

/s/Michael P. Lynn, P.C

Michael P. Lynn, P.C. (SBN 12738500)

mlynn@lynnllp.com

David S. Coale (SBN 00787255)

dcoale@lynnllp.com

Elizabeth Y. Ryan (SBN 24067758)

eryan@lynnllp.com

L YNN P INKER C OX & H URST

, LLP

2100 Ross Avenue, Suite 2700

Dallas, Texas 75201

Telephone: 214

‐ 981

‐ 3800

Facsimile: 214

‐ 981

‐ 3839

ATTORNEYS FOR APPELLANT

RMAX OPERATING, LLC

/s/ Pete Marketos

Pete Marketos (SBN 24013101)

pete.marketos@rm

‐ firm.com

Leslie Chaggaris (SBN 24056742)

leslie.chaggaris@rm

‐ firm.com

R EESE M ARKETOS LLP

750 North Saint Paul Street, Suite 600

Dallas, Texas 75201

Telephone: 214

‐ 382

‐ 9810

Facsimile: 214

‐ 501

‐ 0731

ATTORNEYS FOR APPELLEE

GAF MATERIALS CORPORATION

OF AMERICA‐ 4

‐ C ERTIFICATE OF S ERVICE

I certify that I served a true and correct copy of the foregoing

document on counsel listed below on March 27, 2018:

Via Electronic Filing

Pete Marketos

pete.marketos@rm

‐ firm.com

Leslie Chaggaris

leslie.chaggaris@rm

‐ firm.com

R EESE M ARKETOS LLP

750 North Saint Paul Street, Suite 600

Dallas, Texas 75201

/s/ David S. Coale

David S. Coale

C ERTIFICATE OF C ONFERENCE

On March 26, 2018, counsel for Appellant confirmed with counsel for

Appellee that the relief requested in this Motion is not opposed.

/s/ David S. Coale

David S. Coale
§ 913.10 State regulatory program approval. The Secretary conditionally approved the Illinois regulatory program, as submitted on March 3, 1980, amended and clarified on June 16, 1980, resubmitted on December 22, 1981, clarified in a meeting with OSM on March 18 and 19, 1982, and clarified in material submitted April 13, 1982, effective June 1, 1982. He fully approved the Illinois regulatory program, as amended on March 28, 1986, and March 22, 1987, effective September 6, 1989. Copies of the approved program are available at: ( a ) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, One Natural Resources Way, Springfield, Illinois 62701-1787.
( b ) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, Southern District Field Office, 503 E. Main Street, Benton, IL 62812.
( c ) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 46204.
[64 FR 20166, Apr. 26, 1999, as amended at 69 FR 42870, July 19, 2004]
### §101340. Use of funds

(a) Expenditure Shall Follow Priority Listing.—Expenditure of any funds authorized and appropriated for new construction, repair, or rehabilitation of housing under this chapter shall follow the housing priority listing established by the Secretary under section 101339 of this title, in sequential order, to the maximum extent practicable.

(b) Nonconstruction Funds in Annual Budget Submittal.—Each fiscal year the President's proposed budget to Congress shall include identification of nonconstruction funds to be spent for Service housing maintenance and operations that are in addition to rental receipts collected.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 101340(a) | 16 U.S.C. 17o(13). | Pub. L. 104–333, div. I, title VIII, §814(a)(13), Nov. 12, 1996, 110 Stat. 4193; Pub. L. 106–176, title I, §120(a)(1)(E), Mar. 10, 2000, 114 Stat. 28. |
| 101340(b) | 16 U.S.C. 17o(14). | Pub. L. 104–333, div. I, title VIII, §814(a)(14), Nov. 12, 1996, 110 Stat. 4193. |

Section

In subsection (a), the word "Secretary" is substituted for "agency" to correct an error in the source provision because the provision only applies to the Service and the Secretary develops the priority listing.

In subsection (b), the words "for the first fiscal year after November 12, 1996, and . . . subsequent" are omitted as obsolete.
Exhibit 32



CERTIFICATION REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Discovery Oil Ltd, a Delaware corporation, (the Company) hereby certifies to such officers knowledge that:



1.

This quarterly report on Form 10-QSB of the Company 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 this quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:  May 25, 2005

/s/ Andrew Ippolito

________________________________

Andrew Ippolito

President, Director, and Chief Financial Officer
#### § 77.411 Compressed air and boilers; general.

All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.
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 The Dewey Electronics
Corporation (the "Corporation") on Form 10-Q for the period ended
December 31, 2004 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, John H. D. Dewey, Chief Executive
Officer of the Corporation, certify, pursuant to 18 U.S.C. SS 1350, as
adopted pursuant to SS 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 results of
operations of the Corporation.

/s/ John H.D. Dewey
John H. D. Dewey, Chief Executive Officer
Date:  February 14, 2005

A signed original of this written statement required by Section 906 has
been provided to The Dewey Electronics Corporation and will be retained
by The Dewey Electronics Corporation and furnished to the Securities
and exchange commission or its staff upon request.





EXHIBIT 32.2

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 The Dewey Electronics
Corporation (the "Corporation") on Form 10-Q for the period ended
December 31, 2004 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Thom A. Velto, Treasurer of the
Corporation, certify, pursuant to 18 U.S.C. SS 1350, as adopted pursuant
to SS 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 results of
operations of the Corporation.

/s/ Thom A. Velto
Thom A. Velto, Treasurer
Date:  February 14, 2005

A signed original of this written statement required by Section 906 has
been provided to The Dewey Electronics Corporation and will be retained
by The Dewey Electronics Corporation and furnished to the Securities
and exchange commission or its staff upon request.
Exhibit 10.9




[Letterhead

of Hauser, Inc.]




 




AMENDMENT TO AGREEMENT TO PROVIDE SERVICES




RECITALS:




WHEREAS,  Hauser, Inc., a Delaware corporation (the

“Company”), Thomas Hanlon Associates (the “Contractor”) and Thomas W. Hanlon

(“Hanlon”) had entered into AGREEMENT TO PROVIDE SERVICES, dated as of the 12th

day of July, 2001 (“Agreement”) and:




WHEREAS,  (the “Company”), (the “Contractor”) and

(“Hanlon”) desire to amend this Agreement effective July 12, 2002;




NOW, THEREFORE, in

consideration of the foregoing premises, and for other good and valuable

consideration, the receipt and adequacy of which is hereby acknowledged, it is

hereby agreed as follows:




SECTION 1 is amended to

reflect termination on July 12, 2003.




SECTION 6 C (i) 1 is

replaced in its entirety by the following:




 If to the Contractor, at 3712 South Sea Breeze, Santa Ana,

CA 90704 (facsimile: (714) 545-4252), or at such other address or

facsimile number as the Contractor may have furnished the Company in writing, or




 




 




IN WITNESS WHEREOF, the

undersigned have executed this Agreement on the day and year first above

written.




	

   


  	

  HAUSER,

  INC.


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  By:


  	

  /s/  Kenneth C. Cleveland


  
	

   


  	

   


  	

  Name:

      Kenneth C. Cleveland


  
	

   


  	

   


  	

  Title:

        President and Chief


  
	

   


  	

   


  	

                  Executive Officer


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  THOMAS

  HANLON ASSOCIATES


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  
	

   


  	

  By:


  	

  /s/  Thomas W. Hanlon


  
	

   


  	

   


  	

  Name:

      Thomas W. Hanlon
#### In the Matter of Kenneth G., a Person Alleged to be a Juvenile Delinquent, Appellant.

[835 NYS2d 50]

Order of disposi*338tion, Family Court, New York County (Mary E. Bednar, J.), entered on or about September 18, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

The court properly denied defendant’s motion to suppress identification testimony. The identification procedure was conducted entirely by school officials, with a police officer merely present but not otherwise involved *(see People v Ray,*65 NY2d 282 [1985]; *Matter of Angel S.,*302 AD2d 303 [2003]; *Matter of Hector R.,*265 AD2d 160 [1999]). In any event, the hearing evidence establishes that the victim recognized appellant, a fellow student, from numerous occasions when he saw him in school, so that the identification was confirmatory *(see People v Rodriguez,*79 NY2d 445 [1992]).

The court’s fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning identification and credibility *(see People v Bleakley,*69 NY2d 490, 495 [1987]). Concur—Tom, J.P., Mazzarelli, Friedman, Williams and Sweeny, JJ.
CERTIFICATION
PURSUANT TO


18
U.S.C. 1350





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code) each of the
undersigned officers of Sionix Corporation (the “Company”) does hereby certify,
to such officer’s knowledge, that:





(a)           The
annual report on Form 10-K for the period ended September 30, 2008 of the
Company fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934;  and




(b)           Information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Company.




Dated:  January
13, 2009





/s/
      James J. HoutzJames
      J. Houtz, Chief Executive Officer and President/s/
      Rodney AndersonRodney
      Anderson, Interim Chief Financial
Officer
Exhibit 10.7


                                 PROMISSORY NOTE

$442,856                                                        October 25, 2002


        FOR VALUE RECEIVED, the undersigned, Cedric Kushner Promotions, Ltd. and
Zenascent, Inc. (collectively, the "Company"), jointly and severally, hereby
promise to pay to the order of Cedric Kushner ("Kushner") the principal sum of
FOUR HUNDRED FORTY TWO THOUSAND EIGHT HUNDRED FIFTY SIX DOLLARS ($442,856) in
lawful money of the United States of America in immediately available funds on
or before October 24, 2005 (the "Maturity Date").

        Any outstanding principal amount shall accrue interest at a per annum
rate equal to 7% (compounded annually based on a 365-day year), commencing on
the date hereof and ending on the Maturity Date.

        Company hereby waives diligence, presentment, demand, protest and notice
of any kind whatsoever. The nonexercise by Kushner of any of its rights
hereunder in any particular instance shall not constitute a waiver thereof in
that or any subsequent instance. Company shall pay on demand all reasonable
out-of-pocket costs and expenses of collection, including reasonable attorney
fees incurred or paid by Kushner in enforcing this Promissory Note.

        This Promissory Note shall be construed in accordance with and governed
by the laws of the State of New York. Company hereby irrevocably (i) agrees that
any litigation, action or proceeding arising out of or relating to this
Promissory Note may be instituted in any state or federal court in the State of
New York and (ii) waives any objection which it may have to the venue of any
such litigation, action or proceeding and by its signature below consents to the
personal jurisdiction of such courts if litigation is initiated to collect the
sums due under this Promissory Note.

        This Promissory Note cannot be modified except by a written instrument
signed by each of Company and Kushner.


CEDRIC KUSHNER PROMOTIONS, LTD.


By: /s/James DiLorenzo
    ---------------------------
Name: James DiLorenzo
Title:   President


ZENASCENT, INC.


By: /s/ James DiLorenzo
    ---------------------------
Name: James DiLorenzo
Title:   Executive Vice President
* 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. 99-20050

Summary Calendar

 

ZACHARY J. GUILLORY, 

Plaintiff-Appellant,

versus

HUGH FLEWELLEN, President (Westmont Civic

Club and as an Individual); JEFF SAYLES,

Vice President and as an Individual; CINDY

ELLIS, Secretary and as an Individual, et

al. also, Jointly and Severally or any others, 

whom subscribe or any which may do so

jointly and severally,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CV-3356

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

December 3, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Zachary J. Guillory appeals the district court’s order

granting the defendants’ motion to dismiss his civil complaint

for lack of subject-matter jurisdiction. 

A review of the record reflects that the district court did

not err in concluding that Guillory’s complaint failed to invoke
No. 99-20050

-2-

either diversity or federal-question jurisdiction. See 28 U.S.C.

§§ 1331, 1332; FED. R. CIV. P. 12(b)(1). In his complaint,

Guillory sued several neighbors in his Houston, Texas,

neighborhood, alleging that they were harassing, libeling, and

defaming him and committing similar torts against him. Guillory

has purportedly sued the private-party defendants for violations

of the 1964 Civil Rights Act, but his allegations have no bearing

on the protections afforded by that legislation. See, e.g., 42

U.S.C. §§ 2000a et seq. Guillory’s conclusional references to

the Civil Rights Act, are not, without more, sufficient to

establish federal jurisdiction. See Gaar v. Quirk, 86 F.3d 451,

453 (5th Cir. 1996). Guillory has not established diversity

jurisdiction because he has not established complete diversity. 

See Whalen v. Carter, 954 F.2d 1087, 1094 (5th Cir. 1992).

Accordingly, the district court’s order granting the

defendants’ motion to dismiss is AFFIRMED.
<TABLE> <S> <C>

<ARTICLE>     5

<LEGEND>
This schedule contains summary financial information extracted from the Summary
of Financial Position at September 30, 2000 (unaudited) and the Statement of
Operations for the year ended September 30, 2000 (unaudited) for Discovery Oil,
Ltd. and is qualified in its entirety by reference to such financial statements.
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JUL-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                       2,935
<SECURITIES>                                     0
<RECEIVABLES>                                    0
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                             2,935
<PP&E>                                           0
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                               2,935
<CURRENT-LIABILITIES>                      444,163
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                    93,134
<OTHER-SE>                                (534,362)
<TOTAL-LIABILITY-AND-EQUITY>                 2,935
<SALES>                                          0
<TOTAL-REVENUES>                             6,501
<CGS>                                            0
<TOTAL-COSTS>                                    0
<OTHER-EXPENSES>                             3,797
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                           5,068
<INCOME-PRETAX>                             (2,364)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                         (2,364)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                (2,364)
<EPS-BASIC>                                (0.00)
<EPS-DILUTED>                                (0.00)





</TABLE>
§ 881.3 Qualification of projects. ( a ) Projects for the reclamation and rehabilitation of strip-mined areas will be considered only if all of the lands embraced within the project are lands owned by the Federal Government, a State, or local bodies of government.
( b ) Projects must be submitted by a State to the Commission and receive the approval of that body.