alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE

TENTH COURT OF APPEALS

No. 10

- 10

- 00069

- CV

IN RE PATRICK LEE MU LLINS

Original Proceeding

MEMORANDUM OPINION

Relator Patrick Lee Mullins has filed a petition for writ of mandamus against

Robyn Flowers, the District Clerk of Walker Count y, complaining about her refusal to

file his civil lawsuit. 1

A court of appeals has no jurisdiction to issue a writ of mandamus against a

district clerk except to protect its jurisdiction. See T EX

. G OV ’ T C ODE A NN

. § 22.221(b)

(Vernon 2004) ; In re Bernard, 993 S.W.2d 453, 454 (Tex. App.

— Houston [1st Dist.] 1999,

orig. proceeding). We do not have jurisdiction to decide Mullins’s petition for writ of

1 Mullins tendered the originals of his petition and exhibits. Because of our disposition, we direct the Clerk of the Court to return these originals to Mullins.In re Mullins Page 2

mandamus against the District Clerk. 2 We thus dismiss the petition for want of

jurisdiction.

REX D. DAVIS
J ustice

Before Chief Justice Gray, Justice Reyna, and
Justice Davis (Chief Justice Gray joins only the judgment, and only to the extent it dismisses the Petition for Writ of Mandamus. A separate opinion will not issue, but see the

dissent to In re Simmond s cited in footnote 2.)

Petition dismissed Opinion delivered and filed March 10, 2010 [OT06]

2 We recently wrote: When a district clerk refuses to accept a pleading for filing, the party should attempt to file the pleading directly with the district judge, explaining in a verified motion that the clerk refused to accept the pleading for filing. T EX

. R. C IV

. P. 74. Should the district judge refuse to accept the pleading for filing, this Court would have jurisdiction under our mandamus power to direct the district judge to file the pleading.
In re Simmonds, 271 S.W.3d 874, 883 (Tex. App.

— Waco 2008 , orig. proceeding) ( quoting Bernard, 993 S.W.2d at 455 (O’Connor, J., concurring) )

.
From: Robin Dunkins/RTP/USEPA/US

To: Cortney

_Higgins@omb.eop.gov Cc: Peter Tsirigotis/RTP/USEPA/US@EPA, Steve Fruh/RTP/USEPA/US@EPA, Teresa Clemons/RTP/USEPA/US@EPA Date: 1 2/15/2011 11:10 AM Subject: Pulp and Paper Attached is the clean version of the pulp and paper preamble and reg text. (See attached file: E.O. 12866 PulpPaper- RTR - Proposal_2060_AQ41_12_15_11_900am (clean).doc) Robin Dunkins Leader, Natural Resources Group Office of Air Quality

Planning and Standards US Environmental Protection Agen cy (C504 - 03) (phone) 919 - 541 - 5335 (fax) 919 - 541 - 3470 dunkins.robin@epa.gov
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. Case No: 3:98cr126/LAC 

MICHAEL A. BLANKENSHIP

ORDER

The defendant has filed a request for a certificate of appealability (doc. 218) in his

appeal of the denial of his motion pursuant to Rule 60(b) of the Federal Rules of Civil

Procedure. Unless a certificate of appealability is issued, the defendant may not take an

appeal from the final order denying Rule 60(b) relief. See Gonzalez v. Secretary of

Department of Corrections, 317 F.3d 1308, 1312 (11th Cir. 2003). Because the defendant

has not made a substantial showing of the denial of a constitutional right, his request for

a certificate of appealability is DENIED.

Defendant has also filed a motion for leave to proceed in forma pauperis. (Doc.

219). Because the court finds that the appeal is not taken in good faith, defendant is not

entitled to so proceed, and his motion is denied. Defendant shall pay the $255.00

appellate filing fee within thirty days.

DONE AND ORDERED this 1st day of November, 2005.

s/L.A. Collier 

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:98-cr-00126-LC-MD Document 223 Filed 11/01/05 Page 1 of 1
PROMISSORY NOTE

 

|   | April 23, 2007 |
|--------|----------------|

|   | Pasadena, California |
|--------|----------------------|

$9,000,000

 

FOR VALUE RECEIVED, the undersigned, EVEREST PROPERTIES II, LLC, a California limited liability company (“Maker”), having its principal place of business at 199 South Los Robles Avenue, Suite 200, Pasadena, California 91 101, promises to pay to the order of EAST WEST BANK, a California banking corporation (“Payee”), at 135 N. Los Robles, 2nd Floor, Pasadena, California 91 101, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of Nine Million Dollars ($9,000,000), or so much of such amount as may from time to time be disbursed and unpaid, together with interest on the unpaid principal amount of this Note from time to time outstanding at the “Interest Rate” (as defined below) in lawful money of the United States of America.

 

|   | 1. | Payments of Principal and Interest. |
|--------|----|-------------------------------------|

 

(a)       Interest. On May 1, 2007 and on the first day of each month after such date (each a “Payment Date”), Maker shall pay to Payee the amount of interest which shall have accrued at the Interest Rate during the calendar month (or portion of such calendar month, as applicable) immediately preceding such Payment Date. 

 

“Interest Rate” means the “Prime Rate” (as defined below) less .125% per annum. “Prime Rate” means the variable rate of interest published in the Money Rates Section of The *Wall Street Journal*under the caption “prime rate.” Each change in the Prime Rate shall be effective as of the opening of business on the date announced as the effective date on which the changed Prime Rate is published. If more than one “prime rate” is published, the highest rate published shall be the Prime Rate for purposes of this Note.

 

(b)      Payment on Maturity Date. The entire unpaid principal amount of this Note, together with any accrued and unpaid interest and any other amounts then due under the “Loan Documents” (as defined below), shall be due and payable on April 30, 2009 (the “Maturity Date”), unless such amounts become due and payable sooner because of acceleration, in which case they shall be due and payable in full on the date of such acceleration.

 

2.        Payment Provisions. All payments received by Payee later than 1:00 p.m. (Los Angeles time) shall be considered received on the following business day. Interest payable under this Note shall be calculated on the basis of a 360-day year and the actual number of days elapsed. Payee may apply any payments made pursuant to the terms of this Note and the other Loan Documents in such order as it shall determine in its sole and absolute discretion.

 

----
Amendment No. 1 to Employment Agreement, dated January 22, 2009



 Exhibit 10.1 
 AMENDMENT NO. 1 TO 
 EMPLOYMENT
AGREEMENT 
 This AMENDMENT NO. 1 TO EMPLOYMENT
AGREEMENT (THIS “AMENDMENT NO. 1”), is executed as of January 22, 2009, by and among Sunstone Hotel Investors, Inc., a Maryland corporation
(“Sunstone”), Sunstone Hotel Partnership, LLC, a Delaware limited liability company (the “Operating Partnership”) and Arthur L. Buser, Jr. (the “Executive”). 
 WHEREAS, Sunstone, the Operating Partnership and the Executive are parties to an Employment Agreement (the
“Employment Agreement”), effective as of the Effective Date (as defined in the Employment Agreement); 
 WHEREAS, the Employment Agreement provides that Executive is entitled to a bonus for 2008 performance (the “2008 Bonus”); 
 WHEREAS, Sunstone, the Operating Partnership and the Executive desire to amend the Employment Agreement to reflect
Executive’s decision to forgo the 2008 Bonus; 
 NOW, THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 
 1. Bonus. The last two
sentences of Section 2(b)(ii) are deleted and replaced with the following: 
 “Notwithstanding anything herein to the contrary, for
the period from the Effective Date through December 31, 2008, Executive will not be paid a bonus. For all other purposes under this Agreement, the “2008 Bonus” means zero dollars.” 
 2. Equity Award. The last sentence of Section 2(b)(iii)(A) is deleted and replaced with the following: 
 “Consistent with the foregoing, the terms and conditions of the Restricted Stock shall be set forth in a restricted stock agreement (the
“Restricted Stock Agreement”) to be entered into by Sunstone and the Executive, which agreement provides that, subject to the Executive’s continued employment with the Company, such Restricted Stock shall vest 10%, 15%, 20%,
25% and 30% on the first, second, third, fourth and fifth anniversaries of (1) the Effective Date with respect to the July 2008 grant and (2) February 5, 2009, with respect to the grant made in connection with Executive’s
appointment to CEO.” 







 3. Effect on Employment Agreement. The terms of the Employment Agreement not modified by this
Amendment No. 1 will remain in force and are not affected by this Amendment No. 1. 
 4. Miscellaneous. This Amendment
No. 1 will be governed and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws. Capitalized terms used but not defined in this Amendment No. 1 are used with the meanings
assigned in the Employment Agreement. 
 [Signature page follows] 
  

 2 








 IN WITNESS WHEREOF, the parties have
executed this Amendment No. 1 as of the date and year first written above. 
  

			
	“Executive”
	
	 /s/ Arthur L. Buser Jr.

	Arthur L. Buser Jr.
	
	Sunstone Hotel Investors, Inc.
		
	By:	 	 /s/ Robert A. Alter

	Name:	 	Robert A. Alter
	Title:	 	Chairman
	
	Sunstone Hotel Partnership, LLC
		
	By:	 	 /s/ Robert A. Alter

	Name:	 	Robert A. Alter
	Title:	 	Chairman
###### Editorial Note on Part 3406

#### Editorial Note:

Nomenclature changes to part 3406 appear at 76 FR 4809, Jan. 27, 2011.

#### § 3406.8 Joint project proposals.

Applicants are encouraged to submit joint project proposals as defined in § 3406.2, which address regional or national problems and which will result overall in strengthening the 1890 university system. The goals of such joint initiatives should include maximizing the use of limited resources by generating a critical mass of expertise and activity focused on a targeted need area(s), increasing cost-effectiveness through achieving economies of scale, strengthening the scope and quality of a project's impact, and promoting coalition building likely to transcend the project's lifetime and lead to future ventures.
EXHIBIT 3.3

                         ARTICLES OF AMENDMENT TO THE

                          ARTICLES OF INCORPORATION

                              TANGIBLEDATA, INC.

                             CHANGING ITS NAME TO

                           TDI HOLDING CORPORATION



     Pursuant to the provisions of the Colorado Business Corporation Act, the
undersigned Corporation adopts the following Articles of Amendment to its
Articles of Incorporation:

FIRST:    The name of the Corporation is TangibleData, Inc.

SECOND:   The following amendment was adopted on October 2, 2002, by the
          Board of Directors, and on October 22, 2002, by a vote of the
          Shareholders of the Corporation, in the manner prescribed by the
          Colorado Business Corporation Act.  The number of shares voted for
          the amendment was sufficient for approval.

               ARTICLE I - NAME shall be amended to read as follows:

                            "ARTICLE I
                               NAME

               The name of the Corporation is TDI HOLDING CORPORATION."

THIRD:    The manner, if not set forth in such amendment, in which any
          exchange, reclassification, or cancellation of issued shares
          provided for in the amendment shall be effected, is as follows:
          Not Applicable.

FOURTH:   The name and address of the person who caused this document to be
          delivered for filing, and to whom the Secretary of State may
          deliver notice if filing of this document is refused is Jon D.
          Sawyer, 600 17th Street, Suite 2700 South, Denver, Colorado 80202.

Date:  October 22, 2002

                              TANGIBLEDATA, INC.
                              (Changing its name to
                              TDI HOLDING CORPORATION)



                              By /s/ Blair Zykan
                                 ---------------------------------
                                 Blair Zykan
4.1104 Disaster Response Registry.

Contracting officers shall consult the Disaster Response Registry via https://www.sam.gov, Search

Records, Advanced Search, Disaster Response Registry Search when contracting for debris removal,

distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the

United States and outlying areas. (See 26.205).

Parent topic: Subpart 4.11 - System for Award Management
Editorial Note on Part 3402
Editorial Note: Nomenclature changes to part 3402 appear at 76 FR 4807, Jan. 27, 2011.

§ 3402.5 Overview of National Needs Graduate and Postdoctoral Fellowship Grants Program. ( a ) The program will provide funds for a limited number of grants to support graduate student stipends and cost-of-education institutional allowances. These grants will be awarded competitively to eligible institutions. In order to encourage the development of special activities that are expected to contribute to Fellows' advanced degree objectives, the program will also provide competitive, special international study or thesis/dissertation research travel allowances for a limited number of USDA Graduate Fellows. To encourage academic institutions to provide additional training/mentoring to outstanding USDA Graduate Fellows who have completed their doctoral degrees, the program will also provide postdoctoral Fellowship grants to a limited number of USDA Graduate Fellows.
( b ) Based on the amount of funds appropriated in any fiscal year, HEP will determine: ( 1 ) Whether new competitions for graduate Fellowships, postdoctoral Fellowships, and/or special international study or thesis/dissertation research travel allowances will be held during that fiscal year;
( 2 ) The degree level(s) to be supported—master's, doctoral and/or postdoctoral;
( 3 ) The proportion of appropriations to be targeted for Fellowship stipends for each respective degree level supported;
( 4 ) The proportion of appropriations to be targeted for the cost-of-education institutional allowances for each respective degree level supported;
( 5 ) The proportion of appropriations to be targeted for the special international study or thesis/dissertation research travel allowances for each respective degree level supported;
( 6 ) The allowable stipend amount for each respective degree level supported, the cost-of-education institutional allowance for each respective degree level supported, and the maximum funds available for each special international study or thesis/dissertation research travel allowance for each respective degree level supported;
( 7 ) The activities for which the cost-of-education allowance may be used for awards made in that year; and
( 8 ) The maximum total funds that may be awarded to an institution under the program in a given fiscal year.
( c ) HEP will also determine: ( 1 ) The maximum number of national needs areas for which funding may be requested in a single application;
( 2 ) The degree levels for which funding may be requested in a single application;
( 3 ) The minimum and maximum number of fellowships for which an institution may apply in a single application; and
( 4 ) The limits on the total number of applications that can be submitted by an institution, college, school, or other administrative unit.
( d ) These determinations will be published as a part of the solicitation, which will be available at *http://www.grants.gov .*
Amendment to Employment Agreement



 Exhibit 10.1.1 
  
 AMENDMENT OF 
 EMPLOYMENT
AGREEMENT FOR JOHN E. CARROLL, JR. 
  
 WHEREAS, FreightCar
America, Inc. (formerly known as JAC Holdings International, Inc.) (the “Company”) and John E. Carroll, Jr. (the “Executive”) entered into an Employment Agreement effective as of December 17, 2004 (the “Employment
Agreement”); and 
  
 WHEREAS, the Company and Executive now
consider it desirable to amend the Employment Agreement effective immediately; 
  
 NOW THEREFORE, pursuant to Section 10(d) of the Employment Agreement and in consideration of the continued employment of the Executive by the Company and the benefits to be derived by the Executive under the
Employment Agreement, the parties mutually agree to amend the Employment Agreement, by substituting the following for Section 5(c) of the Employment Agreement, effective immediately: 
  

	
	 “(c) Retention Bonus. The Company shall pay the Executive a lump sum cash bonus of (i) $250,000 if the Executive remains continuously employed with the
Company until May 1, 2005, and if the Company is listed on the NASDAQ National Market System on that date, and (ii) $250,000 if the Executive satisfies the terms of clause (i) and remains continuously employed with the Company until the earlier of
November 1, 2005 or completion of a follow-on offering of the Company’s common stock; provided, however, that if a Change in Control (as defined below) occurs before the earlier of November 1, 2005 or completion of a follow-on offering of the
Company’s common stock, the Company will pay the Executive the $250,000 lump sum cash bonus under this clause (ii) upon the Change in Control.”


  
 IN WITNESS WHEREOF,
the parties have executed this Agreement on this 11th day of March 2005. 
  
  

									
	FREIGHTCAR AMERICA, INC.	 	 	 	 
					
	By:	 	    /s/ Camillo Santomero	 	 	 	 	 	/s/ John E. Carroll, Jr.
	 	 	    Chairman of the Board	 	 	 	 	 	    John E. Carroll, Jr.
#### § 3570.52 Purpose.

The purpose of CFG program is to assist in the development of essential community facilities in rural areas. The Agency will authorize grant funds on a graduated basis. Eligible applicants located in smaller communities with lower populations and lower median household incomes may receive a higher percentage of grant funds. The amount of CFG funds provided for a facility shall not exceed 75 percent of the cost of developing the facility.
#### § 33.16 Service of notice or order.

Service of any notice or order required by the Act or prescribed by the regulations in this part shall be deemed sufficient if made personally upon the person served, by registered mail, or by leaving a copy of such notice or order with an employee or agent at such person's usual place of business or abode or with any member of his immediate family at his or her place of abode. If the person named is a partnership, association, or corporation, service may similarly be made by service on any member of the partnership or any officer, employee, or agent of the association or corporation.
#### In the Matter of Christian Gonzalez, Petitioner, v Calvin West, as Superintendent of Elmira Correctional Facility, Respondent.

[816 NYS2d 220]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

While responding to an area where there was a disturbance among a group of inmates, a correction officer observed petitioner throwing closed fist punches at an unidentified inmate. As a result, petitioner was charged in a misbehavior report with fighting and engaging in violent conduct. Following a tier II disciplinary hearing, he was found guilty of the latter charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of the correction officer who authored it and witnessed petitioner throwing punches as well as the testimony of another officer present in the area, provide substantial evidence to support the determination of guilt *(see Matter of Rivera v Goord,*16 AD3d 788, 788 [2005]). The proof supporting the determination is not undermined by the failure of the misbehavior report to specify the inmate who petitioner struck as petitioner was not found guilty of fighting. Furthermore, *1246petitioner’s claim that he was improperly denied the right to call an inmate witness is not preserved inasmuch as petitioner did not object to the genuineness of the inmate’s refusal at the hearing *(see Matter of Otero v Goord,*17 AD3d 805, 806 [2005]; *Matter of Ryan v Goord,*12 AD3d 799, 800 [2004]) or raise this claim in his administrative appeal *(see Matter of Green v Williams,*252 AD2d 974, 975 [1998]).

Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
<PAGE>   1
                                                                    Exhibit 23.2






CONSENT OF INDEPENDENT ACCOUNTANTS



The Board of Directors
Baldwin Piano & Organ Company:


We consent to the incorporation by reference in each of the registration
statements (File Nos. 33-53809, 333-65947 and 333-3775) on Form S-8 of Baldwin
Piano & Organ Company of our report dated February 23, 1998, relating to the
consolidated statements of earnings, shareholders' equity and cash flows for
the year ended December 31, 1997, and the related schedule, which report appears
in the December 31, 1999 annual report on Form 10-K of Baldwin Piano &
Organ Company.



KPMG LLP

Cincinnati, Ohio
March 30, 2000
APSC Docket 12-008-U

Sierra Club 1-45 Attachment 1

Page 1 of 1

Generating Unit MW

SCR

 In-Service SCR Type Vendor

Length of 

Time to Install 

(months)(1)

Tie-in Outage 

Duration 

(days)

Project Cost 

($/kW)(2)

Big Sandy Unit 2 800 2003 SCR Babcock Power/Riley 46 107 197.8

(1). Length of time required to install each SCR from start of Phase I to in-service date.

(2). $/kW includes total cost plus overheads and AFUDC.

Big Sandy Unit 2 SCR
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

 

v. Case No. 3:20cr61-MCR

ISHMEAL S HODGES

/

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. 

R. Crim. P., and has entered a plea of guilty to Count One and Count Two of the 

Superseding Indictment. After cautioning and examining the Defendant under oath 

concerning each of the subjects mentioned in Rule 11, I determined the guilty plea 

was knowing and voluntary and the offenses charged are supported by independent 

bases in fact containing each of the essential elements thereof. I therefore 

recommend the plea of guilty be accepted and the Defendant be adjudicated guilty 

and have sentence imposed accordingly.

Dated: July 26, 2022.

/s/ Zachary C. Bolitho 

ZACHARY C. BOLITHO

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cr-00061-MCR Document 99 Filed 07/26/22 Page 1 of 2
Page 2 of 2

Case No.: 3:20cr61-MCR

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be 

filed within twenty-four (24) hours of the date of the Report and 

Recommendation. Any different deadline that may appear on the electronic 

docket is for the court’s internal use only and does not control. An objecting 

party must serve a copy of the objections on all other parties. A party who 

fails to object to the magistrate judge’s findings or recommendations contained 

in a report and recommendation waives the right to challenge on appeal the 

district court’s order based on unobjected-to factual and legal conclusions. 

See 11th Cir. Rule 3-1; 28 U.S.C. § 636.

Case 3:20-cr-00061-MCR Document 99 Filed 07/26/22 Page 2 of 2