alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# N UNITED STATES DISTRICT COURT FORTHE DISTRICT OF COLUMBIA 

# FILED MAY 3 1

## 2012 DAMIEN WELLS, ) ) ) ) ) ) ) ) ) ) Clerk, U.S. District &Bankruptcy Courts forthe District of Columbia Plaintiff,

v. Civil ActionNo. 

# 12 

# 0877 UNITED STATES DISTRICT COURT, et al., Defendants.
MEMORANDUM OPINION

This matter is before the Court on the plaintiffs applicationto proceed informapauperis and hisprose complaint. The Court will grant the application and dismiss the complaint. Plaintiffis serving a 240-month sentence imposed by the United States District Court for the District ofNebraskainApril2002. Compl. at 2. He states that he "was sentenced to and charged with crack cocaine and is entitled to the new statutorypenalties enactedby Congress underthe Fair Sentencing Act." 

### !d. He claims to be "held illegally in light ofthe new statutory penalties," for which he claims "compensation of$500.00 a day as he is entitled to immediately [sic] release." 

### !d. at 3. The Court construes the complaint as a challenge to the legality ofthe plaintiffs criminal sentence. A challenge ofthis nature must be presented to the sentencing court in a motion under 28 U.S.C. § 2255. See Ojo v. Immigration & Naturalization Serv., 106 F.3d 680, 683 (5th Cir. 1997). Section 2255 provides specificallythat: [a] prisoner incustodyunder sentence ofa court established by Act ofCongress claiming the right to be released upon the ground that the sentence was imposed _in violation ofthe Constitution or laws ofthe United States, or that the court was withoutjurisdiction to impose such sentence, or that the sentence was in excess of themaximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correctthe sentence. 28 U.S.C. § 2255(a) (emphasis added). And because plaintiffs claim pertains to the fact ofhis incarceration, he cannotrecover damages in this civil rights action without showing that his confinement already has been invalidated by "revers[al] on direct appeal, expunge[ment] by executive order, declar[ation ofinvalidity] by a state tribunal authorized to make such determination, or ... a federal court's issuance ofa writ ofhabeas corpus." Heck v. Humphrey, 512 U.S. 477,486-87 (1994); accord White v. Bowie, 194 F.3d 175 (D.C. Cir. 1999) (table). The Court will dismiss the complaint for lack of jurisdiction. An Order accompanies this Memorandum Opinion.

United States District Judge DATE: 

## c;

# It£(( 1..
* Pursuant to Local 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 Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-30844 Summary Calendar

__________________

ANDREA HALL, Petitioner-Appellant,

versus BURL CAIN, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee.

______________________________________________ Appeal from the United States District Court for the

Western District of Louisiana

(CA-94-2298)

______________________________________________

April 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Andrea Hall appeals from the district court's partial denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A review of the record supports the magistrate judge's finding that, as to Hall's Louisiana conviction for the attempted second-degree murder of Joe Lewis Atkins, Hall failed to show that his trial attorneys' failure to cha llenge a defective jury instruction was2

prejudicial. We affirm for the reasons stated by the district
court. S ee Hall v. Whitley , No. CV94-2298-A (W.D. La July 21, 1995).
§ 582.5892 *a*-Tocopherol acetate. ( a ) *Product. a* -Tocopherol acetate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
§ 522.800 Droperidol and fentanyl. ( a ) *Specifications.* Each milliliter of solution contains 20 milligrams (mg) of droperidol and 0.4 mg of fentanyl citrate.
( b ) *Sponsor.* See No. 000061 in § 510.600(c) of this chapter.
( c ) *Conditions of use* — ( 1 ) *Amount.* ( i ) For analgesia and tranquilization, administer as follows: ( A ) 1 milliliter (mL) per 15 to 20 pounds (lbs) of body weight by intramuscular injection in conjunction with atropine sulfate administered at the rate of 0.02 mg per pound of body weight; or
( B ) 1 mL per 25 to 60 lbs of body weight by intravenous injection in conjunction with atropine sulfate administered at the rate of 0.02 mg per pound of body weight.
( ii ) For general anesthesia, administer as follows: ( A ) Administer 1 mL per 40 lbs of body weight by intramuscular injection in conjunction with atropine sulfate administered at the rate of 0.02 mg per pound of body weight and followed in 10 minutes by an intravenous administration of sodium pentobarbital at the rate of 3 mg per pound of body weight; or
( B ) Administer 1 mL per 25 to 60 lbs of body weight by intravenous injection in conjunction with atropine sulfate administered at the rate of 0.02 mg per pound of body weight and followed within 15 seconds by an intravenous administration of sodium pentobarbital at the rate of 3 mg per pound of body weight.
( 2 ) *Indications for use.* As an analgesic and tranquilizer and for general anesthesia.
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[79 FR 16187, Mar. 25, 2014]
§ 556.625 Sulfachloropyrazine. ( a ) [Reserved]
( b ) *Tolerances.* The tolerance for sulfachloropyrazine is: ( 1 ) *Chickens.* Edible tissues (excluding eggs): Zero.
( 2 ) [Reserved]
( c ) *Related conditions of use.* See § 520.2184 of this chapter.
<TABLE> <S> <C>


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<FISCAL-YEAR-END>                              JUN-30-2001
<PERIOD-START>                                 JUL-01-2000
<PERIOD-END>                                   SEP-30-2000
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<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (412,168)
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<CHANGES>                                                0
<NET-INCOME>                                      (412,168)
<EPS-BASIC>                                           (.01)
<EPS-DILUTED>                                         (.01)



</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          OCT-31-1995             OCT-31-1996
<PERIOD-START>                             NOV-01-1995             NOV-01-1995
<PERIOD-END>                               OCT-31-1995             OCT-31-1996
<CASH>                                           1,140                   5,867
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   53,274                  57,524
<ALLOWANCES>                                      (586)                   (398)
<INVENTORY>                                    123,359                 121,710
<CURRENT-ASSETS>                               183,536                 189,833
<PP&E>                                          99,767                 104,043
<DEPRECIATION>                                 (37,005)                (47,580)
<TOTAL-ASSETS>                                 372,682                 373,182
<CURRENT-LIABILITIES>                           85,445                 101,926
<BONDS>                                         75,126                  74,188
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                      5,000                   5,000
<COMMON>                                             0                       0
<OTHER-SE>                                      (1,433)                (20,962)
<TOTAL-LIABILITY-AND-EQUITY>                   372,682                 373,182
<SALES>                                        411,683                 462,406
<TOTAL-REVENUES>                               411,683                 462,406
<CGS>                                          355,724                 419,476
<TOTAL-COSTS>                                  407,890                 476,842
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              10,663                  13,858
<INCOME-PRETAX>                                (6,870)                (28,294)
<INCOME-TAX>                                     (435)                 (8,683)
<INCOME-CONTINUING>                            (6,435)                (19,611)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                  2,965                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (3,470)                (19,611)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        



</TABLE>
<PAGE>
 
  
                                                                EXHIBIT 10.26


                SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
                    DATED SEPTEMBER 13, 1995 BETWEEN
           STEPHEN G. McCONAHEY AND EVEREN CAPITAL CORPORATION

     WHEREAS, on September 13, 1995, EVEREN Capital Corporation (the
"Company") and STEPHEN G. McCONAHEY ("Executive") entered into an
Employment Agreement ("the Employment Agreement"); and

     WHEREAS, on March 28, 1996, the Company and Executive executed an
amendment to that Employment Agreement; and

     WHEREAS, the Company and Executive desire to further amend the
Employment Agreement in accordance with paragraph 12 thereof.

     NOW THEREFORE, the parties, intending to be legally bound hereby,
amend the Employment Agreement as follows:

     1.  Paragraph 7(a) of the Employment Agreement, as amended, is
hereby further amended as follows:

          In the last sentence of paragraph 7(a), "125%" is amended to
read "150%".

     2.  Paragraph 7(b) of the Employment Agreement, as amended, is
hereby further amended as follows:

          In the last sentence of the first paragraph of paragraph
7(b), "275%" is amended to read "300%".

     IN WITNESS WHEREOF, the parties hereto have executed this
Amendment, personally and as corporate officers duly authorized, on the
date set forth below.


                                   EVEREN Capital Corporation

2/7/97                             By: /s/ Stanley R. Fallis
----------------------                 ---------------------------------
Date
                                   Its: Senior Executive Vice President
                                        --------------------------------
                         Executive:

2/7/97                             /s/ Stephen G. McConahey
----------------------             -------------------------------------
Date                               Stephen G. McConahey
§ 830.220 Termination of FDA service as an issuing agency. ( a ) FDA may end our services as an issuing agency if we determine that the conditions that prompted us to act no longer exist and that ending our services would not be likely to lead to a return of the conditions that prompted us to act.
( b ) If FDA has ended our services as an issuing agency, a labeler may continue to use a device identifier assigned under FDA's unique device identification system until such time as § 830.50 requires the use of a new device identifier.
LORING S. JONES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-3090

_____________________________/

Opinion filed May 5, 2015.

An appeal from an order of the Circuit Court for Walton County.

Kelvin C. Wells, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public 

Defender, Tallahassee, for Appellant; Loring S. Jones, pro se, Appellant. 

Pamela Jo Bondi, Attorney General, Tallahassee.

PER CURIAM.

AFFIRMED.

WOLF, ROWE, and SWANSON, JJ., CONCUR.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extract from Kideo
Productions, Inc. and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                             JUL-31-1996
<PERIOD-START>                                AUG-01-1995
<PERIOD-END>                                  JUL-31-1996
<CASH>                                          2,857,097
<SECURITIES>                                            0
<RECEIVABLES>                                      94,572
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT-ASSETS>                                3,091,389
<PP&E>                                          1,020,288
<DEPRECIATION>                                    462,254
<TOTAL-ASSETS>                                  4,367,711
<CURRENT-LIABILITIES>                             701,824
<BONDS>                                            80,318
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                              294
<OTHER-SE>                                      3,585,275
<TOTAL-LIABILITY-AND-EQUITY>                    4,367,711
<SALES>                                           760,870
<TOTAL-REVENUES>                                  760,870
<CGS>                                             636,738
<TOTAL-COSTS>                                   1,873,923
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                              1,309,209
<INCOME-PRETAX>                                (3,059,000)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                            (3,059,000)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                   (3,059,000)
<EPS-PRIMARY>                                       (1.75)
<EPS-DILUTED>                                       (1.75)
        


</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

 

I, Douglas W. Cowan, certify that: 

 

1. I have reviewed this annual report on Form 10KSB-A2 of Retractable Technologies, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financialcondition, results of operations, and cash flows of the small business issuer as of, and for, the periods presented in this report; 

 

4. The small business issuer’s other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e) for the small business issuer and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including itsconsolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) Evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period covered by this report, based on such evaluation; 

 

c) Disclosed in this report any changes in the small business issuer’s internal controls over financial reporting that occurred during the small businessissuer’s most recent fiscal quarter (the small business issuer’s fourth quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal controlsover financial reporting; and 

 

5. The small business issuer’s othercertifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer’s auditors and the audit committee of the small business issuer’s board of directors(or persons performing the equivalent functions): 

 

a) All significantdeficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize, and report financialinformation; and 

 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the small business issuer’s internal control over financial reporting. 

 

Date:     September 24, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           5,571
<SECURITIES>                                         0
<RECEIVABLES>                                   25,206
<ALLOWANCES>                                       800
<INVENTORY>                                          0
<CURRENT-ASSETS>                                31,671
<PP&E>                                           9,023
<DEPRECIATION>                                   3,220
<TOTAL-ASSETS>                                  39,748
<CURRENT-LIABILITIES>                           18,939
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,711
<OTHER-SE>                                       (819)
<TOTAL-LIABILITY-AND-EQUITY>                    39,748
<SALES>                                         27,131
<TOTAL-REVENUES>                                27,131
<CGS>                                                0
<TOTAL-COSTS>                                   15,651
<OTHER-EXPENSES>                                 8,538
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 269
<INCOME-PRETAX>                                  2,755
<INCOME-TAX>                                     1,225
<INCOME-CONTINUING>                              1,530
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,530
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.11
        

</TABLE>
DVD of the database used in EPA's modeling of risk from the aerospace facilities. 

The database is on a DVD, available in the docket office.
Exhibit






Amendment No. 3 
to Employment Agreement  

This Amendment No. 3 (“Amendment”) to the EMPLOYMENT AGREEMENT (“Agreement”) is made as of May 4, 2017 (“Amendment Effective Date”) by and between GTT Communications, Inc. (formerly Global Telecom & Technology, Inc.) (“Company”) and Richard D. Calder, Jr. (“Executive”).
		
	A.
	Company and Executive have entered into the Agreement on May 7, 2007.


		
	B.
	Company and Executive amended the Agreement previously on May 14, 2008 and September 7, 2011.


		
	C.
	Company and Executive desire to amend the Agreement in accordance with the terms of this Amendment.


Accordingly, the parties, intending to be legally bound, hereby agree as follows:
		
	1.
	Definitions.  Unless otherwise defined in this Amendment, all capitalized terms shall have the meanings ascribed to such terms in the Agreement.




		
	2.
	Termination – By Company without Cause; By Executive for Good Reason.  Section 7.4 of the Agreement is amended by replacing the current language with the following:




7.4 Termination – By Company without Cause; By Executive for Good Reason.  The Company may terminate the Executive’s employment hereunder at any time, without any Cause, and Executive may resign for Good Reason (as hereinafter defined), without any liability other than to pay to the Executive:  (i) his base salary through the effective date of termination; (ii) the continuation of base salary and health benefits for a period of eighteen (18) months after the termination of his employment; (iii) his annual bonus on a pro-rated basis through the effective date of termination as measured for that calendar year; plus (iv) 100% of the target annual bonus the Executive would have been eligible to receive for the eighteen (18) month period after the date of termination.   All existing equity grants, including restricted stock, stock options and all other equity grants of any type, will immediately vest upon the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be effective as of the Amendment Effective Date stated above.
GTT Communications, Inc.
By: ______________________________________        By: ___________________________
Print Name:_______________________________            Name: Richard D. Calder, Jr.
Print Title:________________________________