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that this opinion should not be published and is not precedent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

February 17, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-10927

Conference Calendar

 

JAMES KEVIN KELCH,

Plaintiff-Appellant,

versus

JOHNSON COUNTY SHERIFF DEPARTMENT;

BOB ALFORD, Sheriff; COUNTY COMMISSIONERS COURT; 

R.C. MCFALL, Commissioner; TROY THOMPSON, Commissioner,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:03-MC-26-A

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

James Kevin Kelch, Texas prisoner #1008891, filed a state

court action against the defendants, alleging, inter alia, that

he had been mistreated while in custody. He then filed a notice

of removal seeking to have the case removed to federal court,

which the district court denied. 
No. 03-10927

-2-

As found by the district court, only a defendant may remove

a civil action from state court to federal court. McKenzie v.

United States, 678 F.2d 571, 574 (5th Cir. 1982); 28 U.S.C. 

§ 1441(a). Kelch’s appeal is without arguable merit, is

frivolous, and is therefore DISMISSED. See Howard v. King, 707

F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. 

This court’s dismissal of the instant appeal counts as a

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

Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). Kelch is

CAUTIONED that if he accumulates three strikes under 28 U.S.C. 

§ 1915(g), he will not be able to proceed in forma pauperis 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). 

 APPEAL DISMISSED; STRIKE WARNING ISSUED.
§ 97.15-1 Application. ( a ) Except as specifically noted, the provisions of this subpart shall apply to all vessels other than motorboats, and to all motorboats on an international voyage. Motorboats not on an international voyage shall meet the general intent of this subpart insofar as is reasonable and practicable with the exception that the logging of information is not required.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           8,370
<SECURITIES>                                   162,245
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     95,939
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 308,889
<CURRENT-LIABILITIES>                                0
<BONDS>                                         97,302
<COMMON>                                            49
<PREFERRED-MANDATORY>                           55,555     
<PREFERRED>                                          0
<OTHER-SE>                                      46,202
<TOTAL-LIABILITY-AND-EQUITY>                   308,889
<SALES>                                         44,760
<TOTAL-REVENUES>                                72,299
<CGS>                                           32,776
<TOTAL-COSTS>                                   32,776
<OTHER-EXPENSES>                                14,849
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,005
<INCOME-PRETAX>                                 15,669
<INCOME-TAX>                                       936
<INCOME-CONTINUING>                             14,733
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,857
<EPS-PRIMARY>                                     2.98
<EPS-DILUTED>                                     2.98
        

</TABLE>
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 9
Federal Reserve Bank of: Minneapolis

## Filings received during the week ending December 15, 2007

|Filer                     | Filing Type    | Filing Proposal                                                                                                                                                                                             | End of Comment Period                                  
|------------------------- | -------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|HIGHLAND BANCSHARES, INC. | * 3A3          | Highland Bancshares, Saint Michael, Minnesota, to acquire 100 percent of Ridgedale State Bank, Minnetonka, Minnesota.                                                                                       | Newspaper:12/18/2007Federal Register:12/28/2007        
|Newspaper:                | 12/18/2007    
|Federal Register:         | 12/28/2007    
|NATCOM BANCSHARES,INC.    | 4c8            | NATCOM Bancshares, Inc., Superior, Wisconsin,  proposes to engage in lending activities, primarily purchasing loan participations from its subsidiary bank, National Bank of Commerce, Superior, Wisconsin. | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:                | Not applicable
|Federal Register:         | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
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 Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-1699-DR]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Kansas (FEMA-1699-DR), dated May 6, 2007, and related determinations.

# EFFECTIVE DATE:

June 11, 2007.

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Kansas is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 6, 2007.

Dickinson and Ellsworth Counties for Individual Assistance (already designated for Public Assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) 

R. David Paulison,

Administrator, Federal Emergency Management Agency.

[FR Doc. 07-3010 Filed 6-19-07; 8:45 am]

BILLING CODE 9110-10-P
**Certification      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

| 1. | 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 Registrant. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |   |                                                                                         |
|--------|--------|--------|----------------------------------------------------------------------------------------------|
|        |   |   | /s/              Jack              Rhian                                                     |
|        |   |   | Jack                RhianPresident                and Chief                Operating Officer |

**A        signed original of this written statement required by Section 906 has been        provided to American Medical Alert Corp. and will be retained by American        Medical Alert Corp. and furnished to the Securities and Exchange Commission        or        its staff upon request.**

----
#### §§ 507.152-507.159 [Reserved]
[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Notices]
[Pages 31855-31856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2853]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--American Society of Mechanical Engineers

    Notice is hereby given that, on April 10, 2007, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), American Society of Mechanical 
Engineers (``ASME'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
additions or changes to its standards development activities. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damage under specified circumstances. Specifically, since December 5, 
2006, ASME has published several new standards and initiated several 
new standards activities within the general nature and scope of ASME's 
standards development activities, as specified in its original 
notification. More details

[[Page 31856]]

regarding these changes can be found at http://www.asme.org.
    On September 15, 2004, ASME 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 October 13, 2004 (69 FR 60895).
    The last notification was filed with the Department on December 6, 
2006. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on December 28, 2006 (71 FR 78223).

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 07-2853 Filed 6-7-07; 8:45 am]
BILLING CODE 4410-11-M
```

[Journal of the House of Representatives, 1995]
[Tuesday, March 14, 1995 (44), Para 44.35 Leave of Absence]
[Page 381]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.44.35  leave of absence

  By unanimous consent, leave of absence was granted--
  To Mrs. THURMAN, for today;
  To Miss COLLINS of Michigan, for today and the balance of the week;
  To Mr. BLILEY, for today after 2 p.m.
  To Mr. ROGERS, for today until 5:30 p.m.; and
  To Mrs. CUBIN, for today and the balance of the week.
  And then,
```
<PAGE>

                                                                    EXHIBIT 32.2

                          MICROFINANCIAL, INCORPORATED
                        CERTIFICATION OF PERIODIC REPORT

     James R. Jackson, Vice President and Chief Financial Officer of
MicroFinancial, Incorporated, (the "Company"), hereby certifies that, to the
best of his knowledge, based upon a review of the Annual Report on Form 10-K for
the year ended December 31, 2003 (the "Covered Report") and, excepts as
corrected or supplemented in a subsequent covered report:

          (3) the Covered Report fully complies with the requirements of Section
     13(a) or 15(d) of the Securities Exchange Act of 1934; and

          (4) the information contained in the Covered Report fairly presents,
     in all material respects, the financial condition and results of operations
     of the Company.

In Witness Whereof, the undersigned has signed this Certification as of this
March 30, 2003.

                                               /s/ JAMES R. JACKSON JR.
                                          --------------------------------------
                                            Vice President and Chief Financial
                                                         Officer
Order entered December 18, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 01103
- CR
NAYAH SIMONE DILWORT H, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the C ounty Court at Law No. 2

Collin County, Texas Trial Court Cause No. 002
- 88676
- 2018



### O RDER Before the Court is appellant’s motion to file an amended certification of appellant’s right to appeal. We GRANT the motion. The supplemental clerk’s record contai ning the amended certification was filed December 16, 2019. The State’s brief is currently due.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
Safety-Kleen Corp.
                 Statement of Computation of Per Share Earnings
                   ($ in Thousands, Except Per Share Amounts)
                                   (Unaudited)

                                                          Three Months Ended
                                                             November 30,
                                                          ------------------
                                                             1998       1997
                                                             ----       ----
Basic:
  Income available to common stockholders ..............  $ 27,772    $ 10,144
                                                          ========    ========

   Weighted average common stock outstanding (000s) ....    87,844      45,206
                                             ====         ========    ========

   Income per share ....................................  $   0.32    $   0.22
                                                          ========    ========


Diluted:
Net income .............................................  $ 27,772    $ 10,144
Add back: interest expense on conversion
   of subordinated convertible debenture ...............     2,625      2,625
                                                          --------    --------
Income available to common stockholders,
   plus assumed conversions ............................  $ 30,397    $ 12,769
                                                          ========    ========

Weighted average common stock outstanding (000s) .......    87,844      45,193
Dilutive effect of stock options .......................        65         135
Dilutive effect of conversion of $350,000,000
   subordinated convertible debenture at $15.00 ........    23,333      23,333
                                         ------           --------    --------
Diluted average shares outstanding .....................   111,242      68,661
                                                          ========    ========

Diluted income per share ...............................  $   0.27    $   0.19
                                                          ========    ========

All per share  amounts  have been  restated to effect the  one-for-four  reverse
stack split in November, 1998.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 3
Federal Reserve Bank of: Philadelphia

## Filings received during the week ending November 3, 2007

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**     We consent to the incorporation by reference in the RegistrationStatements (Forms S-8 Nos. 333-48076 and 333-101010)pertaining to Rockford’s Stock Option Plans and in theRegistration Statement (Form S-3 No. 333-117315) ofRockford Corporation of our report dated April 1, 2005,with respect to the consolidated financial statements andschedule of Rockford Corporation included in its Annual Report(Form 10-K) for the year ended December 31, 2004,filed with the Securities and Exchange Commission.     /s/ Ernst & Young LLPPhoenix, ArizonaApril 15, 2005
§ 78.01-1 General; preemptive effect. ( a ) The provisions of this part shall apply to all vessels except as specifically noted.
( b ) The regulations in this part have preemptive effect over State or local regulations in the same field.
[CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by USCG-2006-24797, 77 FR 33877, June 7, 2012]
93-2592.

#### State v. Berry.

Cuyahoga App. No. 60531. This cause is before the court on appellee’s motion to set an execution date.

IT IS ORDERED by the court, *sua sponte,*that an execution date be set.

IT IS HEREBY ORDERED by the court that appellant’s sentence be carried into execution by the Warden of the Southern Ohio Correctional Facility or, in his absence, by the Deputy Warden on Friday, the 19th day of February, 1999, in accordance with the statutes so provided.

IT IS FURTHER ORDERED that a certified copy of this entry and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that the Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Cuyahoga County.
§ 351.2 Qualification of depository. ( a ) *General qualification.* Any depository which is a member of the Federal Deposit Insurance Corporation will be approved for deposit of funds under the maritime programs authorized by the Act. With respect to the Capital Construction Fund program, any depository which is a member of the Securities Investor Protection Corporation, and is organized as a corporation under the laws of the United States, any State, territory, or possession thereof or the District of Columbia, will also be approved for the deposit of funds.
( b ) *Limitation on amount of deposits.* No person making deposits under the programs authorized by the Act shall make or maintain deposits which exceed 5 percent of the depository's total deposits.
[38 FR 8061, Mar. 28, 1973, as amended at 63 FR 55039, Oct. 14, 1998]
#### John Higgins, *Respondent, v.*The General Trans-Atlantic Company, *Appellant.*

—Order setting aside nonsuit and granting new trial reversed, with costs. Opinion by

Dykman, J.;

Pratt, J., not sitting.
Exhibit 32

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


         In  connection  with the Annual  Report of Eat at Joe's,  Ltd., on Form
10-KSB for the year ending  December 31, 2003 as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  the undersigned,  Joseph
Fiore, Chief Executive Officer and Principal  Accounting 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 and belief:

         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 result of  operations of the
Company.


Date: March 29, 2004

/s/ Joseph Fiore
Joseph Fiore
CEO, CFO, Chairman, Secretary, Director
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.