alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 12008E/PRO/12 - EN

Important legal notice

*|*

# 12008E/PRO/12

**Consolidated version of the Treaty on the Functioning of the European Union - PROTOCOLS - Protocol (No 12) on the excessive deficit procedure **

*
Official Journal 115 , 09/05/2008 P. 0279 - 0280 *

PROTOCOL (No 12)

ON THE EXCESSIVE DEFICIT PROCEDURE

THE HIGH CONTRACTING PARTIES,

DESIRING TO lay down the details of the excessive deficit procedure referred to in Article 126 of the Treaty on the Functioning of the European Union,

HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

Article 1

The reference values referred to in Article 126(2) of the Treaty on the Functioning of the European Union are:

- 3 % for the ratio of the planned or actual government deficit to gross domestic product at market prices;

- 60 % for the ratio of government debt to gross domestic product at market prices.

Article 2

In Article 126 of the said Treaty and in this Protocol:

- "government" means general government, that is central government, regional or local government and social security funds, to the exclusion of commercial operations, as defined in the European System of Integrated Economic Accounts;

- "deficit" means net borrowing as defined in the European System of Integrated Economic Accounts;

- "investment" means gross fixed capital formation as defined in the European System of Integrated Economic Accounts;

- "debt" means total gross debt at nominal value outstanding at the end of the year and consolidated between and within the sectors of general government as defined in the first indent.

Article 3

In order to ensure the effectiveness of the excessive deficit procedure, the governments of the Member States shall be responsible under this procedure for the deficits of general government as defined in the first indent of Article 2. The Member States shall ensure that national procedures in the budgetary area enable them to meet their obligations in this area deriving from these Treaties. The Member States shall report their planned and actual deficits and the levels of their debt promptly and regularly to the Commission.

Article 4

The statistical data to be used for the application of this Protocol shall be provided by the Commission.

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COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00250-CR

ASHLEY TURK APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 1348736

----------

MEMORANDUM OPINION1

----------

On June 30, 2014, Appellant Ashley Turk, acting pro se, filed a notice of 

appeal from the trial court’s “Supplement/Amendment to Conditions of 

Community Supervision.” On July 15, 2014, we notified Turk that it appears we 

lack jurisdiction over this matter because the trial court has not entered any 

appealable orders. We advised Turk that this appeal could be dismissed unless 

 

1See Tex. R. App. P. 47.4.
2

she, or any party desiring to continue this appeal, filed a response showing 

grounds for continuing the appeal on or before July 25, 2014. Turk’s attorney 

filed a response, stating that he knew of no grounds for pursuing a direct appeal 

in this case because the trial court had not issued a final judgment.

We generally have jurisdiction to consider an appeal in a criminal case 

only when there has been a judgment of conviction. See McKown v. State, 915 

S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). This court does not 

have jurisdiction to consider an appeal from an order altering or modifying the 

conditions of community supervision. See Davis v. State, 195 S.W.3d 708, 710 

(Tex. Crim. App. 2006) (“There is no legislative authority for entertaining a direct 

appeal from an order modifying the conditions of community supervision.”); 

Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Accordingly, we 

dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL: GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 25, 2014
HeinOnline -- 46 Fed. Reg. 2544 1981HeinOnline -- 46 Fed. Reg. 2545 1981HeinOnline -- 46 Fed. Reg. 2546 1981HeinOnline -- 46 Fed. Reg. 2547 1981HeinOnline -- 46 Fed. Reg. 2548 1981HeinOnline -- 46 Fed. Reg. 2549 1981HeinOnline -- 46 Fed. Reg. 2550 1981HeinOnline -- 46 Fed. Reg. 2551 1981HeinOnline -- 46 Fed. Reg. 2552 1981HeinOnline -- 46 Fed. Reg. 2553 1981HeinOnline -- 46 Fed. Reg. 2554 1981
§ 2.12 Audio disturbances. ( a ) The following are prohibited: ( 1 ) Operating motorized equipment or machinery such as an electric generating plant, motor vehicle, motorized toy, or an audio device, such as a radio, television set, tape deck or musical instrument, in a manner: ( i ) That exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet; or, if below that level, nevertheless;
( ii ) makes noise which is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
( 2 ) In developed areas, operating a power saw, except pursuant to the terms and conditions of a permit.
( 3 ) In nondeveloped areas, operating any type of portable motor or engine, or device powered by a portable motor or engine, except pursuant to the terms and conditions of a permit. This paragraph does not apply to vessels in areas where motor boating is allowed.
( 4 ) Operating a public address system, except in connection with a public gathering or special event for which a permit has been issued pursuant to § 2.50 or § 2.51.
( b ) Violation of the terms and conditions of a permit issued in accordance with section is prohibited and may result in the suspension or revocation of the permit.
# EUR-Lex - 12005SP035 - EN

Important legal notice

*|*

# 12005SP035

**Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - PART FOUR:TEMPORARY PROVISIONS - TITLE III:FINANCIAL PROVISIONS - Article 35 **

*
Official Journal L 157 , 21/06/2005 P. 0040 - 0040 *

Article 35

The amounts referred to in Articles 30, 31, 32, 33 and 34 shall be adjusted by the Commission each year in line with movements in prices as part of the annual technical adjustments to the financial perspective.

--------------------------------------------------
#### Peter H. Jussen et al., appellees, v. Erwin O. Bode et al., appellants.

Filed March 28, 1913.

No. 17,599.

The syllabus in *Bode v. Jussen, ante,*p. 482, applied to this case.

Appeal from the district court for Richardson county: John B. Raper, Judge.

*Affirmed.*

*Edwin Falloon,*for appellants.

*Reavis é Remis*and *A. R. Scott, contra.*

Fawcett, J.

This suit was instituted in the district court for Richardson county to foreclose the mortgage involved in *Bode v. Jussen, ante,*p. 482. By agreement of parties it was argued and submitted with that case. Both cases rest upon substantially the same evidence. The district court upheld the mortgage and entered a decree of foreclosure. Defendants appeal. For the reasons stated in *Bode v. Jussen, supra,*the judgment is

Affirmed.

Reese, C. J., Barnes and Ross, JJ., concur.

Letton, Sedgwick and Hamer, JJ., not sitting.
**GAO-02-519T**                      Published: Apr 24, 2002. Publicly Released: Apr 24, 2002.                  

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# EUR-Lex - 12005SAN07/05/A - EN

Important legal notice

*|*

# 12005SAN07/05/A

**Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - Annex VII:List referred to in Article 23 of the Act of Accession: transitional measures, Romania - 5.Agriculture - A.Agricultural legislation **

*
Official Journal L 157 , 21/06/2005 P. 0322 - 0322 *

A. AGRICULTURAL LEGISLATION

31999 R 1493: Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p. 1), as last amended by:

- 32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262, 14.10.2003, p. 13).

By way of derogation from Article 19(1) to (3) of Regulation (EC) No 1493/1999, Romania may recognise replanting rights obtained from the grubbing-up of hybrid varieties that may not be included in the classification of vine varieties, cultivated on an area of 30000 hectares. These replanting rights may only be used until 31 December 2014 and exclusively for planting with Vitis vinifera.

The restructuring and conversion of these vineyards will not be eligible for Community support provided for under Article 13 of Regulation (EC) No 1493/1999. However, national State aid may be given for the costs resulting from their restructuring and conversion. Such aid may not exceed 75 % of all costs per vineyard.

--------------------------------------------------
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.                  

###### Election Assistance Commission

# ACTION:

Notice of Public Meeting and Hearing Agenda.

# DATE AND TIME:

Thursday, October 26, 2006, 10:00 a.m.-4:00 p.m.

# PLACE:

U.S. Election Assistance Commission (EAC), 1225 New York Ave., NW., Suite 1100, Washington, DC 20005. (Metro Stop: Metro Center)

# AGENDA:

The Commission will conduct a public meeting and hearing on EAC's post-election voting system testing and certification program. The Commission will receive presentations by representatives of the National Institute of Standards and Technology (NIST), representatives of testing laboratories, equipment manufacturers, election officials, community interest groups and Commission staff members. The Commission will also meet to consider other administrative matters.

                        EAC will provide a public comment period to receive comments regarding the voting system testing and certification program. Members of the public who wish to speak must contact and register with EAC by 5:00 p.m. on Tuesday, October 24, 2006. Speakers may contact EAC via e-mail at                         *testimony@ec.gov*, or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington, DC 20005, or by fax at 202/566-3127. Comments will be strictly limited to 3 minutes per person or organization to ensure the fullest participation possible. All speakers will be contacted prior to the hearing. EAC also encourages members of the public to submit written testimony via e-mail, mail or fax. All public comments will be taken in writing via e-mail at                         *testimony@eac.gov*, or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington, DC 20005, or by fax at 202/566-3127.                    

This meeting and hearing will be open to the public.

# FOR FURTHER INFORMATION CONTACT:

Bryan Whitener, Telephone: (202) 566-3100.

Thomas R. Wilkey,

Executive Director, U.S. Election Assistance Commission.

[FR Doc. 06-8645 Filed 10-6-06; 4:01 pm]

BILLING CODE 6820-KF-M
§ 2.23 Recreation fees. ( a ) Recreation fees shall be established as provided for in part 71 of this chapter.
( b ) Entering designated entrance fee areas or using specialized sites, facilities, equipment or services, or participating in group activities, recreation events, or other specialized recreation uses for which recreation fees have been established without paying the required fees and possessing the applicable permits is prohibited. Violation of the terms and conditions of a permit issued in accordance with part 71 is prohibited and may result in the suspension or revocation of the permit.
( c ) The superintendent may, when in the public interest, prescribe periods during which the collection of recreation fees shall be suspended.
# EUR-Lex - 12007L/AFI/DCL/64 - EN

Important legal notice

*|*

# 12007L/AFI/DCL/64

**Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 - B. Declarations concerning Protocols annexed to the Treaties - 64. Declaration by the United Kingdom of Great Britain and Northern Ireland on the franchise for elections to the European Parliament **

*
Official Journal 306 , 17/12/2007 P. 0270 - 0270 *

64. Declaration by the United Kingdom of Great Britain and Northern Ireland on the franchise for elections to the European Parliament

The United Kingdom notes that Article 9 A of the Treaty on European Union and other provisions of the Treaties are not intended to change the basis for the franchise for elections to the European Parliament.

--------------------------------------------------
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

_______ _________________ No. 13

- 13392 Non

- Argument Calendar

________________________ D.C. Docket No. 5:12

- cv - 00315

- WTH

- PRL

ROOSEVELT SIMMONS, Plaintiff

- Appellant,

versus K. CIMOCK, Unit Manager, FNU WILLIAMS, Captain, D.B. DREW, Defendants

- Appellees.

________________________ Appeal from the United States District Court for the Middle District of Florida

________________________ (August 14, 2014) Before JORDAN , ROSENBAUM and BLAC K , Circuit Judges. PER CURIAM:

Case: 13-13392 Date Filed: 08/14/2014 Page: 1 of 32 Roosevelt Simmons, a federal prisoner proceeding pro se , appeals the district court’s dismissal of his civil rights complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1 971) , alleging that the defendants, various prison officials and staff, illegally took a sample of his DNA shortly after the commencement of his incarceration. Upon review, 1 we affirm. The district court did not err in dismissing the complaint with preju dice pursuant to Rule 12(b)(6) because the defendants were acting within the scope of their authority in obt aining a DNA sample , see 42 U.S.C. § 14135a ; 28 C.F.R. § 28.12, and Simmons has failed to show that the defendants ’ actions violated any clearly

- established constitutional rights, see Andujar v. Rodriguez , 486 F.3d 1199,
1202

- 03 (11th Cir. 2007). Simmons argues the defendants should have sought to obtain his DNA sample closer to his release date rather than shortly after his arrival at the prison , but he has not shown any authority establishing this rule, nor has he shown that a violation of this rule amounts to a constitutional violation sufficient to support a claim under Bivens , 403 U.S. at 397. Accordingly, the defendants are entitled to qualified immunity from Simmons’ claim, and the district court did not err in dismissing the complaint. Moreover, the district court did not err in

1 We review de novo the grant of a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim, accepting the complaint’s allegations as true and construing them in the light most favorable to the plaintiff. Spain v. Brown & Williamson Tobacco Corp. , 363 F.3d 1183, 1187 (11th Cir. 2004).

Case: 13-13392 Date Filed: 08/14/2014 Page: 2 of 33 dismissing without leave to amend because Simmons never requested leave to amend his complaint to remedy any deficiencies, see Access Now, Inc. v. Sw. Airlines Co. , 385 F.3d 1324, 1331 (11th Cir. 2004), and because the record gives no indication that an amendment would not have been futile, see Corsello v. Lincare, Inc. , 428 F.3d 1008, 1014 (11th Cir. 2005). AFFIRMED. Case: 13-13392 Date Filed: 08/14/2014 Page: 3 of 3
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**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of AXCESS Inc. (the “***Company***”) on Form 10-QSB for the period endedSeptember 30, 2003, as filed with the Securities and Exchange Commission on thedate hereof (the “***Report***”),I, Philip Miller, Chief Financial Officer, and Principal Accounting andFinancial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to myknowledge:

 

(1)           The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,as applicable; and

 

(2)           The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company at the dates and for the periodsindicated.

 

 
| /S/  Philip Miller                                                              |   |
|---------------------------------------------------------------------------------|--------|
| Philip  Miller                                                                  |
|   Chief Financial Officer, and Principal  Accounting and Financial Officer |
|                                                                            |
| Dated:  November 14, 2003                                                  |

 

----
# EUR-Lex - 12008E095 - EN

Important legal notice

*|*

# 12008E095

**Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE VI: TRANSPORT - Article 95 (ex Article 75 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0086 - 0086 *

Article 95

(ex Article 75 TEC)

1. In the case of transport within the Union, discrimination which takes the form of carriers charging different rates and imposing different conditions for the carriage of the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be prohibited.

2. Paragraph 1 shall not prevent the European Parliament and the Council from adopting other measures pursuant to Article 91(1).

3. The Council shall, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, lay down rules for implementing the provisions of paragraph 1.

The Council may in particular lay down the provisions needed to enable the institutions of the Union to secure compliance with the rule laid down in paragraph 1 and to ensure that users benefit from it to the full.

4. The Commission shall, acting on its own initiative or on application by a Member State, investigate any cases of discrimination falling within paragraph 1 and, after consulting any Member State concerned, shall take the necessary decisions within the framework of the rules laid down in accordance with the provisions of paragraph 3.

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