alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 20-10843

Summary Calendar

Priscilla A. Ellis, 

Petitioner—Appellant,

versus

Michael Carr, Warden, FMC-Carswell, 

Respondent—Appellee.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:19-CV-1065

Before Southwick, Graves, and Costa, Circuit Judges.

Per Curiam:*

Priscilla A. Ellis, federal prisoner # 03260180, moves for leave to 

proceed in forma pauperis (IFP) on appeal from the district court’s denial of 

her Federal Rule of Civil Procedure 60(b)(6) motion following dismissal of 

her 28 U.S.C. § 2241 habeas corpus petition. See 28 U.S.C. § 1915(a)(1); 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 23, 2021

Lyle W. Cayce

Clerk

Case: 20-10843 Document: 00516105023 Page: 1 Date Filed: 11/23/2021
No. 20-10843

2

Fed. R. App. P. 24(a). The district court determined that Ellis was 

financially able to pay the filing fee, and it denied her request for leave to 

proceed IFP on appeal on that basis.

To proceed IFP, Ellis must demonstrate financial eligibility and the 

existence of a nonfrivolous issue for appeal. See Carson v. Polley, 689 F.2d 

562, 586 (5th Cir. 1982). A nonfrivolous issue “involves legal points arguable 

on their merits.” Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal 

quotation marks and citation omitted). If Ellis fails to show that her appeal 

will involve a nonfrivolous issue, we may deny her IFP motion and sua sponte 

dismiss her appeal as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 

(5th Cir. 1997); 5th Cir. R. 42.2. 

Although Ellis appeals the district court’s denial of her Rule 60(b) 

motion, she has failed to brief, and has thereby abandoned, any appellate 

challenge to the district court’s order. See Yohey v. Collins, 985 F.2d 222, 

224-25 (5th Cir. 1993). Thus, Ellis has failed to raise a nonfrivolous issue for 

appeal. See Howard, 707 F.2d at 220. This appeal is therefore DISMISSED

as frivolous, and her motions for leave to proceed IFP on appeal, for 

appointment of counsel, for hearing en banc, and for reconsideration of the 

denial of her motion for leave to file exhibits are DENIED. See 5th Cir. 

R. 42.2; see also Wardlaw v. Cain, 541 F.3d 275, 279 (5th Cir. 2008).

In light of the dismissal of the instant appeal as frivolous and the two 

previous motions Ellis filed raising similar claims as the claims raised in the 

underlying § 2241 petition, Ellis is WARNED that the filing of frivolous, 

repetitive, or otherwise abusive filings will invite the imposition of sanctions, 

which may include dismissal, monetary sanctions, and restrictions on her

ability to file pleadings in this court and any court subject to this court’s 

jurisdiction.

Case: 20-10843 Document: 00516105023 Page: 2 Date Filed: 11/23/2021
PGI 215.370-2 Evaluation factor.

(1) This evaluation factor may be used as an incentive to encourage contractors to use employees or

individual subcontractors who are members of the Selected Reserve.

(2) As with all evaluation factors and subfactors, the contracting officer should consider the impact

the inclusion of this factor will have on the resulting contract and weight it accordingly.

Parent topic: PGI 215.370 Evaluation factor for employing or subcontracting with members of the

Selected Reserve.
SUBCHAPTER E - GENERAL CONTRACTING

REQUIREMENTS

PART 2827 - PATENTS, DATA, AND COPYRIGHTS

PART 2828 - BONDS AND INSURANCE

PART 2829 - TAXES

PART 2830 - CCOST ACCOUNTING STANDARDS ADMINISTRATION

PART 2831 - CONTRACT COST PRINCIPLES AND PROCEDURES

PART 2832 - CONTRACT FINANCING

PART 2833 - PROTESTS, DISPUTES, AND APPEALS

PART 2827 - PATENTS, DATA, AND COPYRIGHTS

Subpart 2827.3 - Patent Rights Under Government Contracts

2827.303 Contract clauses.

PART 2828 - BONDS AND INSURANCE

Subpart 2828.1 - Bonds and Other Financial Protections

2828.101 Bid guarantees.

2828.101-1 Policy on use.

2828.106 Administration.

2828.106-6 Furnishing information.

Subpart 2828.2 - Sureties and Other Security for Bonds

2828.203 Acceptability of individual sureties.

2828.203-7 Exclusion of individual sureties.

Subpart 2828.3 - Insurance

2828.307 Insurance under cost-reimbursements contracts.

2828.307-1 Group insurance plans.

PART 2829 - TAXES

Subpart 2829.3 - State and Local Taxes

2829.302 Application of State and local taxes to the Government.

2829.303 Application of State and local taxes to Government contractors and

subcontractors.

PART 2830 - CCOST ACCOUNTING STANDARDS ADMINISTRATION

Subpart 2830.2 - CAS Program Requirements

2830.201 Contract requirements.

2830.201-5 Waiver.

PART 2831 - CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 2831.1 - Applicability

2831.101 Objectives.

2831.109 Advance agreements.

Subpart 2831.2 - Contracts With Commercial Organizations

2831.205 Selected costs.

2831.205-6 Compensation for personal services.

PART 2832 - CONTRACT FINANCING

2832.006 Reduction or suspension of contract payments upon finding of fraud.

2832.006-1 General.

2832.006-2 Definition.

2832.006-3 Responsibilities.

2832.006-4 Procedures.
Subpart 2832.1 - Non-Commercial Item Purchase Financing

2832.114 Unusual contract financing.

Subpart 2832.2 - Commercial Item Purchase Financing

2832.201 Statutory authority.

Subpart 2832.4 - Advance Payments for Non-Commercial Items

2832.402 General.

2832.407 Interest.

Subpart 2832.5 - Progress Payments Based on Costs

2832.502 Preaward matters.

2832.502-2 Contract finance office clearance.

2832.503 Postaward matters.

2832.503-6 Suspension or reduction of payments.

Subpart 2832.7 - Contract Funding

2832.703 Contract funding requirements.

2832.703-3 Contracts crossing fiscal years.

Subpart 2832.9 - Prompt Payment

2832.903 Responsibilities.

Subpart 2832.11 - Electronic Funds Transfer

2832.1110 Solicitation provision and contract clauses.

PART 2833 - PROTESTS, DISPUTES, AND APPEALS

Subpart 2833.1 - Protests

2833.101 Definitions.

2833.102 General.

2833.103 Protests to the agency.

Subpart 2833.2 - Disputes and Appeals

2833.203 Applicability.

2833.209 Suspected fraudulent claims.

2833.211 Contracting officer's decision.

2833.214 Alternative dispute resolution (ADR).

2833.214-70 Policy.
[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 78978-78979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31669]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force


Record of Decision for the 158th Fighter Wing's Proposed 
Realignment of National Guard Avenue and New Main Gate Construction, 
Vermont Air National Guard, Burlington International Airport, South 
Burlington, VT

ACTION: Notice of Availability (NOA) of a Record of Decision (ROD).

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

SUMMARY: On November 18, 2010, the United States Air Force signed the 
ROD for the 158th Fighter Wing's Proposed Realignment of National Guard 
Avenue and New Main Gate Construction, Vermont Air National Guard, 
Burlington International Airport, South Burlington, Vermont. The ROD 
states the Air Force decision to implement the preferred alternative 
(Alternative 1---Realignment

[[Page 78979]]

of a portion of National Guard Avenue to meet recommended stand-off 
distance between perimeter fence and mission critical resources and 
personnel).
    The decision was based on matters discussed in the Final 
Environmental Impact Statement (EIS) for the Proposed Realignment of 
National Guard Avenue and New Main Gate Construction, inputs from the 
public and regulatory agencies, and other relevant factors. The Final 
EIS was made available to the public on August 13, 2010 through a NOA 
in the Federal Register (Volume 75, Number 156, Page 49487) with a wait 
period that ended on September 14, 2010. The ROD documents only the 
decision of the Air Force with respect to the proposed Air Force 
actions analyzed in the Final EIS. Authority: This NOA is published 
pursuant to the regulations (40 CFR Part 1506.6) implementing the 
provisions of the NEPA of 1969 (42 USC. 4321, et seq.) and the Air 
Force's Environmental Impact Analysis Process (EIAP) (32 CFR Parts 
989.21(b) and 989.24(b)(7)).

FOR FURTHER INFORMATION CONTACT: Mr. Robert Dogan, NGB/A7AM, Conaway 
Hall, 3500 Fetchet Avenue, JB Andrews, MD 20762-5157 e-mail: 
<a href="/cdn-cgi/l/email-protection#e0928f82859294ce848f87818ea0818e87ce8186ce8d898c"><span class="__cf_email__" data-cfemail="ea9885888f989ec48e858d8b84aa8b848dc48b8cc4878386">[email protected]</span></a>.

Bao-Anh Trinh,
Air Force Federal Register Liaison Officer.
[FR Doc. 2010-31669 Filed 12-16-10; 8:45 am]
BILLING CODE 5001-10-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>

                                                                    Exhibit 99.1
                                                                    ------------

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
             Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
                    ss. 906 of the Sarbanes-Oxley Act of 2002

In connection with the filing with the Securities and Exchange Commission of the
Quarterly Report of SEDONA Corporation (the "Company") on Form 10-Q for the
period ending March 31, 2003 (the "Report"), I, Marco A. Emrich, President,
Chief Executive Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to the best of 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
Company.

   Marco A. Emrich
-------------------------------------------
Marco A. Emrich
President, Chief Executive Officer
and Chief Financial Officer

May 15,2003
IV 

109TH CONGRESS 

1ST SESSION H. RES. 159 

Providing amounts for the expenses of the Committee on House 

Administration in the One Hundred Ninth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2005 

Mr. NEY (for himself and Ms. MILLENDER-MCDONALD) submitted the following resolution; which was referred to the Committee on House Administration 

RESOLUTION 

Providing amounts for the expenses of the Committee on 

House Administration in the One Hundred Ninth Congress. 

1 Resolved, 

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For the expenses of the Committee on House Admin4 istration (hereafter in this resolution referred to as the 

5 ‘‘Committee’’), including the expenses of all staff salaries, 

6 there shall be paid, out of the applicable accounts of the 

7 House of Representatives for committee salaries and ex8 penses, not more than $10,101,152 for the One Hundred 

9 Ninth Congress. 
2 

•HRES 159 IH 

1 SEC. 2. SESSION LIMITATIONS. 

2 Of the amount specified in section 1— 

3 (1) not more than $4,822,199 shall be available 

4 for expenses incurred during the period beginning at 

5 noon on January 3, 2005, and ending immediately 

6 before noon on January 3, 2006; and 

7 (2) not more than $5,278,953 shall be available 

8 for expenses incurred during the period beginning at 

9 noon on January 3, 2006, and ending immediately 

10 before noon on January 3, 2007. 

11 SEC. 3. VOUCHERS. 

12 Payments under this resolution shall be made on 

13 vouchers authorized by the Committee, signed by the 

14 Chairman of the Committee, and approved in the manner 

15 directed by the Committee on House Administration. 

16 SEC. 4. REGULATIONS. 

17 Amounts made available under this resolution shall 

18 be expended in accordance with regulations prescribed by 

19 the Committee on House Administration. 

Æ
<TABLE> <S> <C>


<ARTICLE>                                            9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         12,331,035
<INT-BEARING-DEPOSITS>                         0
<FED-FUNDS-SOLD>                               0
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    29,643,623
<INVESTMENTS-CARRYING>                         58,516,379
<INVESTMENTS-MARKET>                           0
<LOANS>                                        211,501,710
<ALLOWANCE>                                    2,188,476
<TOTAL-ASSETS>                                 320,701,357
<DEPOSITS>                                     278,082,522
<SHORT-TERM>                                   8,171,864
<LIABILITIES-OTHER>                            3,181,976
<LONG-TERM>                                    0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,542,133
<OTHER-SE>                                     26,722,862
<TOTAL-LIABILITIES-AND-EQUITY>                 320,701,357
<INTEREST-LOAN>                                13,853,084
<INTEREST-INVEST>                              4,208,150
<INTEREST-OTHER>                               90,609
<INTEREST-TOTAL>                               18,151,843
<INTEREST-DEPOSIT>                             7,613,564
<INTEREST-EXPENSE>                             7,828,522
<INTEREST-INCOME-NET>                          10,323,321
<LOAN-LOSSES>                                  470,000
<SECURITIES-GAINS>                             0
<EXPENSE-OTHER>                                7,382,543
<INCOME-PRETAX>                                4,581,841
<INCOME-PRE-EXTRAORDINARY>                     4,581,841
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   3,182,316
<EPS-PRIMARY>                                  .88
<EPS-DILUTED>                                  .86
<YIELD-ACTUAL>                                 4.69
<LOANS-NON>                                    47,000
<LOANS-PAST>                                   126,000
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                0
<ALLOWANCE-OPEN>                               1,986,000
<CHARGE-OFFS>                                  386,000
<RECOVERIES>                                   119,000
<ALLOWANCE-CLOSE>                              2,189,000
<ALLOWANCE-DOMESTIC>                           2,029,000
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        160,000
        

</TABLE>
# PGI 215.404-71 Weighted guidelines method.

**Parent topic:**PGI 215.404 Proposal analysis.
450.001 Definitions.

Approving authority, as used in this part, means the Assistant Secretary for Administration.

Secretarial level, as used in this part means the Assistant Secretary for Administration.

Parent topic: PART 450 - EXTRAORDINARY CONTRACTUAL ACTIONS
39.9002 Documentation requirements for IT procurement.    (a) The requiring activity shall include the following in the acquisition package sent to the contracting officer:       (1) A statement clearly describing why the IT is needed and the program, project, Automated Information System being supported by the IT procurement.       (2) A description of what is being acquired. Identify the product (including its intended purpose, if unclear from the product name), manufacturer, model number, version number, quantity, unit cost, and any other attributes, such as essential physical characteristics. For support services, include a SOO, SOW, or PWS, as applicable.       (3) The exact location where the IT items and services are needed and points of contact with commercial and DSN telephone numbers.       (4) A copy of the market survey for each recommended source (reference FAR Part 10).       (5) A copy of the funding documentation.       (6) For sole source (e.g., only one source, specific make or model, or compatibility-limited), documentation to support a justification for other than full and open competition or limited source justification (reference FAR 6.3 and 8.405-6) and brand name situations (reference FAR 11.105).       (7) Copies of any additional information and support documentation necessary.       (b) The requiring activity shall—       (1) Prepare additional documentation or Business Case Analysis (BCA) as part of the contract file for an acquisition as needed.       (2) Submit acquisitions valued below $50,000 in accordance with local procedures, or as appropriate for the complexity of the requirement.       (3) Outline and compare the status quo method of business with three alternatives for acquisitions greater than or equal to $50,000 and less than $250,000.       (4) In addition to the requirements of (b)(2) above, provide a comparison of expected costs, benefits, impacts, and risks that would result from implementing alternative IT investments for acquisitions greater than or equal to $250,000 and less than $1,000,000.       (5) In addition to the requirements of (b)(2) and (b)(3) above, conduct a more in-depth analysis for acquisitions greater than or equal to $1,000,000 or having a significant impact on DoD logistics operations. The analysis shall include a study of the impact on DLA as a whole, as well as the quantitative and qualitative ramifications of the alternatives described within the investment; and consider the broad implications of the implementation of each alternative, including local and global implications, as well as immediate and future costs and savings. **Parent topic:** SUBPART 39.90 – PROCEDURES, APPROVALS AND TOOLS
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given, on November 4, 2010, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Southwest Research Institute—Cooperative Research Group on High-Efficiency Dilute Gasoline Engine II (“HEDGE II”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Toyota Motor Corporation, Shizuoka, JAPAN, has been added as a party to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and HEDGE II intends to file additional written notifications disclosing all changes in membership.

                    On February 19, 2009, HEDGE II filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on April 2, 2009 (74 FR 15003).                

                    The last notification was filed with the Department on September 1, 2010. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on October 12, 2010 (75 FR 62569).                

Patricia A. Brink,

Director of Civil Enforcement, Antitrust Division.

[FR Doc. 2010-31598 Filed 12-16-10; 8:45 am]

BILLING CODE 4410-11-M
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 194 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 194

  Expressing the sense of the House of Representatives in support of 
         Federal and State funded in-home care for the elderly.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2005

 Mr. Hastings of Florida submitted the following resolution; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
  Expressing the sense of the House of Representatives in support of 
         Federal and State funded in-home care for the elderly.

Whereas Federal and State financial assistance is provided for nursing home care 
        under the medicaid program for elderly patients;
Whereas studies document improved outcomes and better quality of care and life 
        for elderly patients who are furnished health care in the patients' 
        homes in contrast to nursing homes;
Whereas there are only a few programs under which Federal or State financial 
        assistance is provided for in-home care for elderly patients;
Whereas whatever Federal or State financial assistance that is available for in-
        home care is insufficient to support 24-hour care for elderly patients;
Whereas home health agencies may hire home health aides but not require any 
        structured education or training for the aides;
Whereas an individual may sit for the certified nurse assistant examination 
        without the need for any formal education and training;
Whereas there is little or no supervision of caregivers when placed in the home 
        of an elderly patient to care for the patient; and
Whereas in-home care benefits not only our parents and grandparents, but also 
        our children and grandchildren: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) Federal and State financial assistance for in-home care 
        should be increased to an elderly patient once it is determined 
        that the patient is in need of in-home nursing care; and
            (2) better treatment and guidelines are required for 
        students and schools who train certified nurse assistants and 
        home health aides.
                                 <all>
```
### THE THIRTEENTH COURT OF APPEALS

13

- 23

- 00253

- CR

MARK LOPEZ v. THE STATE OF TEXAS
On Appeal from the 105th District Court of Kleberg County , Texas Trial Court Cause No. 21

- CRF

- 0394

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cau se on appeal, concludes that the judgment of the trial court should be affirmed

. The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. April 4, 2024