alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 9, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-60578

Conference Calendar

 

BRIAN A. YOUNG,

Plaintiff-Appellant,

versus

SHELIA JENKINS, Homicide Detective, 

in her individual and official capacity,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:03-CV-22-GR

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

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Brian Young, Mississippi prisoner No. L0787, moves this

court to appoint appellate counsel. The motion is denied. Young

has appealed the dismissal of his in forma pauperis (IFP) civil

rights complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The

district court held that Young’s complaint failed to state a

claim on which relief may be granted because his claims are
No. 03-60578

-2-

** 512 U.S. 477, 487 (1994). 

 

barred by the doctrine of by Heck v. Humphrey.

** Young has

failed to show that the district court erred in determining that

a judgment in Young’s favor would necessarily implicate the

validity of his conviction and sentence. Accordingly, we affirm

the dismissal of the complaint. 

The district court’s dismissal of the complaint and this

court’s affirmance of the dismissal count as one strike against

Young for purposes of 28 U.S.C. § 1915(g). See Adepegba v.

Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Young is warned

that, should he accumulate three strikes, he will be barred

from proceeding IFP in any civil action or appeal filed while he

is incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g). 

AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED;

SANCTIONS WARNING ISSUED.
§ 1952.28 Maine. ( a ) The Maine State Plan for State and local government employees received initial approval from the Assistant Secretary on August 5, 2015.
( b ) The Plan further provides assurances of a fully trained, adequate staff within three years of plan approval, including 2 safety and 1 health compliance officers for enforcement inspections, and 3 safety and 1 health consultants to perform consultation services in the public sector. The State has assured that it will continue to provide a sufficient number of adequately trained and qualified personnel necessary for the enforcement of standards as required by 29 CFR 1956.10. The State has also given satisfactory assurance of adequate funding to support the Plan.
( c ) The plan only covers State and local government employers and employees within the State. For additional details about the plan, please visit *https://www.osha.gov/dcsp/osp/stateprogs/maine.html .*
[81 FR 6178, Feb. 5, 2016]
§ 2520.104b-30 Charges for documents. ( a ) *Application.* The plan administrator of an employee benefit plan may impose a reasonable charge to cover the cost of furnishing to participants and beneficiaries upon their written request as required under section 104(b)(4) of the Act, copies of the following information, statements or documents: The latest updated summary plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. Except where explicitly permitted under the Act, no charge may be assessed for furnishing information, statements or documents as required by other provisions of the Act, which include, in part 1 of title I, sections 104(b)(1), (2), (3) and (c) and 105(a) and (c).
( b ) *Reasonableness.* The charge assessed by the plan administrator to cover the costs of furnishing documents is reasonable if it is equal to the actual cost per page to the plan for the least expensive means of acceptable reproduction, but in no event may such charge exceed 25 cents per page. For example, if a plan printed a large number of pamphlets at $1.00 per 50-page pamphlet, the actual cost of reproduction for the entire pamphlet ($1.00) would be equal to 2 cents per page. If only one page of such a pamphlet were requested, the actual cost of providing that page from the printed copy would be $1.00, since the copy would no longer be complete. In such a case, the least expensive means of acceptable reproduction would be individually reproducing the page requested at a charge of no more than 25 cents. On the other hand, if six pages of the same plan document were requested and each page cost 20 cents to be reproduced, the actual cost of providing those pages would be $1.20. In such a case, if a printed copy is available, the least expensive means of acceptable reproduction would be to use pages from the printed copy at a charge of no more than $1.00. No other charge for furnishing documents, such as handling or postage charges, will be deemed reasonable. The plan administrator shall provide information to a plan participant or beneficiary, upon request, about the charge that would be made to provide a copy of material described in this paragraph.
[41 FR 16964, Apr. 23, 1976, as amended at 41 FR 37575, Sept. 7, 1976; 75 FR 9342, Mar. 2, 2010]
EXHIBIT
32.1
 
 Certification
Pursuant to 18 U.S.C. Section 1350
 
 
 I, Thomas
Flottmann, Chief Executive Officer of Manas Petroleum Corporation (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:
 
 (1) the
Quarterly Report on Form 10-QSB/A of the Company for the quarter ended June 30,
2007 (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and
 
 (2) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 
 Date:
June 17, 2008
 
 
 /s/ Thomas
Flottmann
 Thomas
Flottmann
 Chief
Executive Officer
#### § 4220.2 Definitions.

The following terms are defined in § 4001.2 of this chapter: employer, ERISA, IRS, multiemployer plan, PBGC, plan, and plan sponsor.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00397-CR

Lee Andrew Davis, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 60655, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Lee Andrew Davis seeks to appeal a judgment of conviction for burglary of a

habitation. The trial court has certified that this is a plea bargain case and Davis has no right of

appeal. The appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Pemberton

Dismissed for Want of Jurisdiction

Filed: August 1, 2007

Do Not Publish
February 20, 2014



### JUDGMENT 

## The Fourteenth Court of Appeals

ROBERT EARL ADAMS , Appellant

NO. 14

- 12

- 00768

- CR V.
THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below, and having inspected the record, the Court holds there was no error in the judgment requiring reversal, but there was error in the judgment as rende red , which is capable of reformation by this Court. Therefore, the judgment is MODIFI ED to delete the listing of a specific amount of court costs

. The Court orders the judgment AFFIRMED as MODIFIED

. W e further order this decision certified below for obse rvance.
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(77 South. 1002)

#### AVANT et al. v. ADAMS.

(5 Div. 233.)

(Court of Appeals of Aabama.

Jan. 22, 1918.)

Appeal from Circuit Court, Elmore County; W. W. Pearson, Judge. Action by S. B. Adams on an attachment bond for wrongful levy of attachment writ against J. G. Avant and T. D. Avant. From judgment for plaintiff, defendants appeal.

Reversed and remanded.

Frank W. Lull, of Wetumpka, for appellants. J. M. Holley, of Wetumpka, for appellee.

SAMFORD, J.

The principles of law involved in this appeal were considered and passed upon in £he case of Avant v. Adams, ante, p. 122, 75 South. 714, and on the authority of that ease the judgment here is reversed, and the cause is remanded. Reversed and remanded.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 1, 2019

Order 

Clerk

February 1, 2019

158795(74)

HEMUBEN PATEL, Personal Representative

of the ESTATE OF HARISHKUMAR PATEL, Plaintiff-Appellee,

SC: 158795

v COA: 337851

Berrien CC: 12-000336-NP

REINALT-THOMAS CORPORATION, 

doing business as DISCOUNT TIRE 

COMPANY,

Defendant,

and

GOODYEAR TIRE & RUBBER COMPANY,

Defendant-Appellant.

_________________________________________/

On order of the Chief Justice, the motion of defendant-appellant to extend the time 

for filing its reply is GRANTED. The reply will be accepted as timely filed if submitted 

on or before March 10, 2019.
§ 4044.2 Definitions. ( a ) The following terms are defined in § 4001.2 of this chapter: annuity, bankruptcy filing date, basic-type benefit, Code, distribution date, earliest retirement age at valuation date, ERISA, expected retirement age (XRA), fair market value, guaranteed benefit, insurer, IRS, irrevocable commitment, majority owner, mandatory employee contributions, nonbasic-type benefit, nonforfeitable benefit, non-PPA 2006 bankruptcy termination, normal retirement age, notice of intent to terminate, PBGC, person, plan, plan administrator, single-employer plan, termination date, unreduced retirement age (URA), and voluntary employee contributions.
( b ) For purposes of this part: *Deferred annuity* means an annuity under which the specified date or age at which payments are to begin occurs after the valuation date.
*Early retirement benefit* means an annuity benefit payable under the terms of the plan, under which the participant is entitled to begin receiving payments before his or her normal retirement age and which is not payable on account of the disability of the participant. It may be reduced according to the terms of the plan.
*Non-trusteed plan* means a single-employer plan which is able to close out by purchasing annuities in the private sector
*Priority category* means one of the categories contained in sections 4044 (a)(1) through (a)(6) of ERISA that establish the order in which plan assets are to be allocated.
*Trusteed plan* means a single-employer plan which has been placed into trusteeship by PBGC.
*Valuation date* means ( 1 ) for non-trusteed plans, the date of distribution and
( 2 ) for trusteed plans, the termination date.
( c ) For purposes of subpart B of this part (unless otherwise required by the context): *Age* means the participant's age at his or her nearest birthday and is determined by rounding the individual's exact age to the nearest whole year. Half years are rounded to the next highest year. This is also known as the “insurance age.”
( d ) For purposes of §§ 4044.55 through 4044.58: *Monthly benefit* means the guaranteed benefit payable by PBGC.
( e ) For purposes of §§ 4044.71 through 4044.75: *Lump sum payable in lieu of an annuity* means a benefit that is payable in a single installment and is derived from an annuity payable under the plan.
*Other lump sum benefit* means a benefit in priority category 5 or 6, determined under subpart A of this part, that is payable in a single installment (or substantially so) under the terms of the plan, and that is not derived from an annuity payable under the plan. The benefit may be a severance pay benefit, a death benefit or other single installment benefit.
[61 FR 34059, July 1, 1996, as amended at 67 FR 16959, Apr. 8, 2002; 74 FR 11035, Mar. 16, 2009; 76 FR 34605, June 14, 2011; 83 FR 49806, Oct. 3, 2018; 89 FR 48300, June 6, 2024]
#### In the Matter of The City of New York, Appellant, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Respondents.

Argued March 1, 1937;

decided April 27, 1937.

*465
      *Paul Windels, Corporation Counsel (Herman Horowitz*and *JosephL, Weiner*of counsel), for appellant.

*Jackson A. Dykman*and *Jules Haberman*for Jamaica Water Supply Company, respondent.

*George E. McVay, Raymond J. McVeigh*and *Gay H. Brown*for Public Service Commission, respondent.

Order affirmed, with costs, on the authority of *City of New York*v. *Maltbie*(274 N. Y. 90). No opinion.

Concur: Crane, Ch. J., Lehman, O'Brien, Hubbs, Loughran, Finch and Rippey/JJ.
§ 4022.102 What definitions do I need to know for these rules? You need to know three definitions from § 4001.2 of this chapter (PBGC, person, and plan) and the following definitions: “We” means the PBGC. “You” means the person who might die— ( 1 ) Without having received all required payments for future periods under a form of annuity promising that, regardless of a participant's death, there will be annuity payments for a certain period of time (e.g., a certain-and-continuous annuity) or until a certain amount is paid (e.g., a cash-refund annuity or installment-refund annuity); and
( 2 ) Without a surviving beneficiary designated to receive the payments described in paragraph (1) of this definition.
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

§ 4.162 Fringe benefits under contracts exceeding $2,500. ( a ) Pursuant to the statutory scheme provided by sections 2(a)(2) and 4(c) of the Act, every covered contract in excess of $2,500 shall contain a provision specifying the fringe benefits to be furnished the various classes of service employees, engaged in the performance of the contract or any subcontract thereunder, as determined by the Secretary or his authorized representative to be prevailing for such employees in the locality or, where a collective bargaining agreement applied to the employees of a predecessor contractor in the same locality, the various classes of service employees engaged in the performance of the contract or any subcontract must be provided the fringe benefits, including prospective or accrued fringe benefit increases, provided for in such agreement as a result of arm's-length negotiations. (For a detailed discussion of section 4(c) of the Act, see § 4.163.) As provided by section 2(a)(2) of the Act, fringe benefits include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor.
( b ) Under this provision, the fringe benefits, if any, which the contractor or subcontractor is required to furnish the service employees engaged in the performance of the contract are specified in the contract documents (see § 4.6). How the contractor may satisfy this obligation is dealt with in §§ 4.170 through 4.177 of this part. A change in the fringe benefits required by the contract provision will not result from the mere fact that other or additional fringe benefits are determined to be prevailing for such employees in the locality at a time subsequent to the award but before completion of the contract. Such fringe benefit determinations are effective for contracts not yet awarded (see § 4.5(a)), or in the event that changes in an existing contract requiring their insertion for prospective application have occurred (see §§ 4.143 through 4.145). However, none of the provisions of this paragraph may be construed as altering a successor contractor's obligations under section 4(c) of the Act. (See § 4.163.)
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

In the Matter of the Marriage of Lacy 

Michelle Dickey and James Everett Dickey 

and In the Interest of K.D. and G.D., 

Children

No. 06-23-00004-CV

Appeal from the County Court at Law of 

Lamar County, Texas (Tr. Ct. No. 90283). 

Memorandum Opinion delivered by Justice 

Rambin, Chief Justice Stevens and Justice 

van Cleef participating. 

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, James Everett Dickey, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED AUGUST 31, 2023

BY ORDER OF THE COURT

SCOTT E. STEVENS

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF COMMUNITY CAPITAL BANCSHARES, INC. FOR THE THREE MONTHS
ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
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