alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-60136 Summary Calendar

FREDDIE SIGERS, Plaintiff-Appellant,

versus MORENOL M. LEWIS; MARIA SERAPIO, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 2:96-CV-109PG

- - - - - - - - - - October 2, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM: * Freddie Sigers, Mississippi prisoner # 59682A, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Sigers contends that Dr. Morenol M. Lewis and Dr. Maria Serapio denied him adequate medical care for his serious medical needs in violation of his Eighth Amendment rights. Sigers alleged that he received medical treatment and pain medication for a back injury but that he continues to suffer back pain. Sigers’ dissatisfaction or2

disagreement with the medical treatment or diagnosis he received does not constitute deliberate indifference to his serious medical needs in violation of the Eighth Amendment. See Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 1991). Unsuccessful medical treatment, negligence, or medical malpractice are also insufficient to give rise to a claim of deliberate indifference. Id. For the first time on appeal, Sigers argues that he did not receive pain medication for long periods of time. Because Sigers’ claim involves factual questions which were not resolved in the district court, he has not demonstrated plain error. See Robertson v. Plano City of Texas , 70 F.3d 21, 23 (5th Cir. 1995). Sigers also argues that the district court erred in not appointing counsel to represent him in the district court. Sigers has failed to demonstrate that any exceptional circumstances existed requiring counsel to be appointed in the district court. See Ulmer v. Chancellor , 691 F.2d 209, 213 (5th Cir. 1982). Sigers’ appeal is without arguable merit and should be dismissed. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). The district court’s dismissal of this case and Sigers’ appeal in this case constitute two strikes against him for purposes of 28 U.S.C. § 1915(g). See Sigers v. Lewis , No. 2:96- CV-109PG (S.D. Miss. February 19, 1997); see also Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996). If a third district court action or appeal filed by Sigers is dismissed as frivolous,3

he will be barred from bringing a civil action or appeal as a prisoner proceeding in forma pauperis unless he is under imminent danger of serious physical injury. See § 1915(g). Sigers should review any pending appeals to ensure that they do not raise frivolous issues. APPEAL DISMISSED. 5 TH C IR . R. 42.2. SANCTION WARNING ISSUED UNDER 28 U.S.C. § 1915(g).
§ 1011.6 When will the Presidio Trust allow a debtor to enter into a repayment agreement? ( a ) *Voluntary repayment.* In response to a notice of a debt, the debtor may propose to the Presidio Trust the voluntary repayment of the debt in lieu of the Presidio Trust taking other collection actions under this part.
( b ) *Debtor's request.* The request from the debtor must: ( 1 ) Be in writing;
( 2 ) Admit the existence of the entire debt; and
( 3 ) Either propose payment of the debt (together with interest, penalties and administrative costs) in a lump sum, or set forth a proposed repayment schedule.
( c ) *Repayment schedule.* The Presidio Trust will collect debts in one lump sum whenever feasible. The Presidio Trust may accept payment in regular installments that bear a reasonable relationship to the size of the debt.
( d ) *Repayment agreement.* The Presidio Trust will consider a request to enter into a voluntary repayment agreement in accordance with the FCCS. The Presidio Trust may request additional information from the debtor, including, without limitation, financial statements, in order to determine whether to enter into a voluntary repayment agreement. The Presidio Trust will set the necessary terms of any repayment agreement. No repayment agreement will be binding on the Presidio Trust unless it is in writing and signed by both the debtor and an authorized Presidio Trust representative. The Presidio Trust is not required to enter into a repayment agreement.
August 9, 2016

Mr . Daniel P. Hulsey Director of Operations Ameristar Air Cargo, Inc.

4400 Glenn Curtiss Drive

Addison, TX 75001

Dear Mr. Hulsey :

This is in response to your January 6 , 2016 letter (public D ocket No. FAA

- 20 16

- 1866 ) petitioning the Federal Aviation Administration (FAA) on behalf of Ameristar Air Cargo, Inc. (Ameristar) to amend § 121.436 of Title 14, Code of Federal Regulations (CFR) . That

amendment , if granted, would allow a pilot with an ATP certificate to count flight time gained as pilot

- in

- comm and (PIC) operating in any part 135 operation requiring a type rating toward the 1,000 hours of flight experience required by § 121.436(a)(3) to serve as PIC in part 121 air carrier operations.

Each year, the FAA prioritizes its rulemaking projects based on issues that are crucial to the safety of the aviation community and the traveling public to ensure the FAA delivers the most value to the aviation system.

After reviewing your request

, based on the current rulemaking priorities for the FAA and the guid elines found in § 11.73, we determined the issue you raised does not meet the criteria to pursue rulemaking at this time. However, your comments and arguments for the proposed change to § 121.436 in your petition will be placed in a database, which we wil l examine when we consider future rulemaking.

If the FAA does pursue rulemaking in this area in the future, you would be able to locate the proposed rule through the FAA Web site at :

http://www.faa.gov/regulations_policies/rulemaking/recently published/

This Web page also enables the user to subscribe in order to receive email notifications when new rulemaking documents are published.2 For the reasons above, we are unable to consider and thereby deny your petition for rulemaking in accordance with 14 CFR § 11.73.

Sincerely,

/s/

Dale Bouffiou Deputy Director , Office of Rulemaking
#### Francis W. Bissell, Respondent, *v.*The Sackett Wall Board Company, Appellant.

(Argued April 22, 1907;

decided May 7, 1907.)

*Bissell*v. *Sackett Wall Board Co.,*113 App. Div. 891, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered *614May 31, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for.a new trial in an action to recover for personal injuries alleged to have been caused by defendant’s negligence.

*Frank Gibbons*and *FLarry A. Talbot*for appellant.

*James II. F. O' Grady*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, .Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.
#### § 13.1320 Camping.

Within the EGDA, camping is prohibited except in designated sites within the Exit Glacier Campground, or as authorized by the Superintendent.
# EUR-Lex - 12002E223 - EN

Avis juridique important

*|*

# 12002E223

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 1: The institutions - Section 4: The Court of Justice - Article 223 - Article 167 - EC Treaty (Maastricht consolidated version) - Article 167 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0123 - 0123 Official Journal C 340 , 10/11/1997 P. 0270 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0060 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 1: The institutions

Section 4: The Court of Justice

Article 223

Article 167 - EC Treaty (Maastricht consolidated version)

Article 167 - EEC Treaty

Article 223

The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years.

Every three years there shall be a partial replacement of the Judges and Advocates-General, in accordance with the conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be re-elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down the rules governing his service.

The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the approval of the Council, acting by a qualified majority.
# EUR-Lex - 12004V301 - EN

Important legal notice

*|*

# 12004V301

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE V — THE UNION'S EXTERNAL ACTION - CHAPTER II — COMMON FOREIGN AND SECURITY POLICY - Section 1 — Common provisions - Article III-301 **

*
Official Journal 310 , 16/12/2004 P. 0136 - 0136 *

Article III-301

1. When the European Council or the Council has defined a common approach of the Union within the meaning of Article I-40(5), the Union Minister for Foreign Affairs and the Ministers for Foreign Affairs of the Member States shall coordinate their activities within the Council.

2. The diplomatic missions of the Member States and the Union delegations in third countries and at international organisations shall cooperate and shall contribute to formulating and implementing the common approach referred to in paragraph 1.

--------------------------------------------------
[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Notices]
[Pages 58814-58819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8504]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 06-70]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notifications. This is published to 
fulfill the requirements of section of 155 of Public Law 104-164 dated 
21 July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/DBO/CFM, (703) 604-
6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 06-70 with attached transmittal and policy 
justifications.

    Dated: September 28, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 58815]]

[GRAPHIC] [TIFF OMITTED] TN05OC06.007


[[Page 58816]]


[GRAPHIC] [TIFF OMITTED] TN05OC06.008


[[Page 58817]]


[GRAPHIC] [TIFF OMITTED] TN05OC06.009

[GRAPHIC] [TIFF OMITTED] TN05OC06.010


[[Page 58818]]


[GRAPHIC] [TIFF OMITTED] TN05OC06.011


[[Page 58819]]


[GRAPHIC] [TIFF OMITTED] TN05OC06.012

[FR Doc. 06-8504 Filed 10-4-06; 8:45 am]
BILLING CODE 5001-06-C
#### § 1227.2 What definitions apply to this part?

See § 1220.18 of this subchapter for definitions of terms used in part 1227.
# EUR-Lex - 12007P009 - EN

Important legal notice

*|*

# 12007P009

**Charter of Fundamental Rights of the European Union - TITLE II - FREEDOMS - Article 9 - Right to marry and right to found a family **

*
Official Journal 303 , 14/12/2007 P. 0004 - 0004 *

Article 9

Right to marry and right to found a family

The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

--------------------------------------------------
Exhibit 10.20


 


SECOND AMENDMENT



TO


EMPLOYMENT
AGREEMENT





 


This
Second Amendment to Employment Agreement (the “Second Amendment”) is made and effective as of July 1, 2020, between
Modular Medical, Inc., a Nevada corporation (the “Company”), and Paul M. DiPerna (“Executive”) (each a “Party”
and collectively the “Parties”).


 


WHEREAS,
the Parties entered into an Employment Agreement effective as of August 1, 2018, as amended by that first amendment dated May
12, 2020, setting forth the terms and conditions of Executive’s employment as Company’s President and Chief Executive
Officer (the “Employment Agreement”); and


 


WHEREAS,
the Parties to desire to further amend the Employment Agreement as set forth in this Second Amendment.


NOW,
THEREFORE, in consideration of the premises and mutual covenants herein contained, the receipt and sufficiency of which the Parties
hereby acknowledge, the Parties agree as follows:


		1.	The
                                         Employment Agreement is hereby amended as follows:



Section
3., Compensation, is hereby amended by deleting existing subsection (a) Base Compensation and inserting the following new subsection
(a):


(a)   Base
Compensation. Executive shall be paid a cash salary of $300,000 annually (the “Base Compensation”) as follows:
Executive shall receive a cash salary of $200,000 per year (the “Cash Salary”) and a deferred salary of $100,000 per
year (the “Deferred Salary”). Payment of the Deferred Salary shall initially be deferred and accrue for Executive’s
benefit until the Company has received $5,000,000 of cumulative gross proceeds from its financing activities initiated in calendar
year 2020. The cumulative amount of the Deferred Salary shall be paid to Executive in the first payroll after achievement of $5,000,000
of financing gross proceeds. After the cumulative Deferred Salary has been paid to Executive, the salary deferrals will cease
and the Base Compensation shall be paid entirely in cash. The Base Compensation shall be payable less applicable deductions and
withholding in normal installments and in accordance with the payroll practices of Company. Executive’s Base Compensation
shall not be reduced without agreement of Executive.


		2.	Except as modified by this
Second Amendment, the terms and conditions of the Employment Agreement remain in full force and effect.





		3.	This Second Amendment may
be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument.





		4.	This Second Amendment has
been approved by action of the Company’s Board of Directors on June 26, 2020.








    	 



    	 



    

IN WITNESS WHEREOF, the parties have duly
executed this Second Amendment as of the date first above written.


 





	EXECUTIVE	 	COMPANY
	 	 	 	 
	/s/ Paul M. DiPerna	 	By: 	/s/ William J Febbo
	Paul M. DiPerna	 	 	William J. Febbo
	 	 	 	Chairman of the Compensation
	 	 	 	Committee of the Board of Directors





    	2
Exhibit 31.1


      CERTIFICATION


      I, Ronald D. Sloan, certify that:

1.    I have reviewed this quarterly report on Form 10-QSB of Can-Cal Resources
      Ltd.;

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

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

4.    I am responsible for establishing and maintaining disclosure controls and
procedures  (as  defined  in  Exchange  Act  Rules 13a-14 and 15d-14)  for  the
registrant and we have:

      a.    designed such disclosure controls  and  procedures  to  ensure that
            material  information  relating  to  the registrant, including  its
            consolidated subsidiaries, is made known  to  us  by  others within
            those  entities,  particularly  during  the  period  in which  this
            quarterly report is being prepared;

      b.    evaluated the effectiveness of the registrant's disclosure controls
            and procedures as of a date within 90 days prior to the filing date
            of this quarterly report (the "Evaluation Date"); and

      c.    presented  in  this  quarterly  report  our  conclusions about  the
            effectiveness  of the disclosure controls and procedures  based  on
            our evaluation as of the Evaluation Date;

5.    We  have  disclosed,  based   on  our  most  recent  evaluation,  to  the
registrant's auditors and board of directors:

      a.    all significant deficiencies in the design or operation of internal
            controls which could adversely  affect  the registrant's ability to
            record,  process,  summarize  and report financial  data  and  have
            identified for the registrant's auditors any material weaknesses in
            internal controls; and

      b.    any fraud, whether or not material,  that  involves  management  or
            other  employees  who  have  a significant role in the registrant's
            internal controls; and


6.    We have indicated in this quarterly  report  whether  or  not  there were
significant  changes  in  internal  controls  or  in  other  factors that could
significantly  affect  internal  controls subsequent to the date  of  our  most
recent evaluation, including any corrective  actions with regard to significant
deficiencies and material weaknesses.

DATED this 14th day of November, 2007.


                                           /s/  Ronald D. Sloan
					   --------------------
                                           Ronald D. Sloan,
                                           President, Chief Executive Officer
                                           and Chief Financial Officer
EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS



We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-86788) pertaining to the Non-Employee Directors' Stock Option Plan,
1990 Stock Option Plan, 1994 Executive Officer Warrants and 1993 Non-Employee
Director Stock Options plan and in the Registration Statement (Form S-8 No.
333-40009) pertaining to the Texas Meridian Resources Corporation 1995 Long-Term
Incentive Plan, Texas Meridian Resources Corporation 1997 Long-Term Incentive
Plan, Cairn Energy USA, Inc. 1993 Stock Option Plan, As Amended, and Cairn
Energy USA, Inc. Directors Stock Option Plan, As Amended, of The Meridian
Resource Corporation of our report dated March 7, 1999, with respect to the
consolidated financial statements of The Meridian Resource Corporation included
in the Annual Report (Form 10-K) for the year ended December 31, 1998.


ERNST & YOUNG LLP

Houston, Texas
March 22, 1999
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Page 58395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8439]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator for Health Information 
Technology; American Health Information Community Chronic Care 
Workgroup Meeting

ACTION: Announcement of meeting.

SUMMARY: This notice announces the tenth meeting of the American Health 
Information Community Chronic Care Workgroup in accordance with the 
Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.).

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

DATES: October 16, 2006 from 1 p.m. to 5 p.m.

ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 
20201), Conference Room 4090 (please bring photo ID for entry to a 
Federal building).

FOR FURTHER INFORMATION CONTACT:  http://www.hhs.gov/healthit/ahic/cc_main.html.

SUPPLEMENTARY INFORMATION: The Workgroup will discuss up-coming key 
recommendations to the AHIC, and will continue discussion on developing 
a vision statement.
    The meeting will be available via Web cast at http://www.hhs.gov/healthit/ahic/cc_instruct.html.

Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. 06-8439 Filed 10-2-06; 8:45 am]
BILLING CODE 4150-24-M
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection  with the Annual Report of Return On Investment  Corporation
(the  "Company")  on Form  10-KSB  for the  period  ended  June  30,  2003  (the
"Report"),  I, Arol Wolford,  President  and Chief  Executive  Officer,  certify
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

      (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.


                                    By: /s/ Arol R. Wolford
                                        ------------------------------
                                        Arol R. Wolford
                                        President and Chief Executive Officer
                                        (Principal Executive Officer)
                                        October 12, 2004
#### § 1190.1 Accessibility Guidelines.

The accessibility guidelines for pedestrian facilities in the public right-of-way are set forth in the appendix to this part. When the guidelines are adopted, with or without additions and modifications, as accessibility standards in regulations issued by other Federal agencies implementing the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Architectural Barriers Act, compliance with the accessibility standards is mandatory.
1

BECKHAM, LISA

From: BECKHAM, LISA

Sent: Wednesday, June 18, 2014 5:14 PM

To: Mark.Hajduk@aps.com

Cc: charles.spell@aps.com; Raju Bisht; Rios, Gerardo

Subject: FCPP PSD Application Completeness

Attachments: Completeness FCPP 6-18-2014.PDF

Hi Mark- 

 

Attached is the letter that should arrive in the mail shortly. Feel free to contact me with any questions. 

 

Lisa Beckham 

Environmental Engineer 

Air Permits Office 

EPA Region 9 

(415) 972-3811
#### Winona Mill Co. v. State.

(Opinion filed Nov. 18, 1898.)

Original action by the Winona Mill Company against the State of South Dakota to recover for coal. Judgment for plaintiff.

*Horner r§ btewart*and *A. W.*Burtt. for plaintiff.

*Melvin Grigsby*(Attorney Genera1), for defendant.

Haney, J.

This action was submitted upon the pleadings and an agreed statement of facts, and argued in connection with the case of Van Dusen v. State (decided at this term) 11 *323S. D. 318, 77 N.W. 201. The questions oí law involved are the same. Plaintiff is entitled to judgment for $340.75, with interest thereon at the rate oí 7 per cent, per annum from August 15, 1893, together with the usual costs and disbursements.