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this opinion should not be published and is not precedent except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

October 12, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50424

Summary Calendar

LEVI WOODERTS, JR.,

Plaintiff-Appellant,

versus

SHERI TALLEY, Doctor; JOSEPH CASAL; LANNETTE LINTHICUM,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:03-CV-48

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Levi Wooderts, Jr., formerly Texas prisoner # 549210 and now

federal prisoner # 29639-077, appeals the district court’s order

granting summary judgment in his 42 U.S.C. § 1983 action in favor

of Dr. Sheri Talley and dismissing his claims against Joseph Casal

and Lannette Linthicum for failing to state a claim upon which

relief can be granted. Wooderts has briefed no claim of error with

respect to the dismissal of his claims against Casal and Linthicum.

Any argument of error regarding the dismissal of his claims against
No. 05-50424

-2-

those defendants is abandoned. See Yohey v. Collins, 985 F.2d 222,

224-25 (5th Cir. 1993).

Wooderts argues that the district court erred in granting

summary judgment in favor of Talley with respect to his claim that

she was deliberately indifferent to his serious medical needs.

Wooderts has failed to show that Talley was deliberately

indifferent however. Absent exceptional circumstances, his

disagreement with her specific courses of treatment is insufficient

to raise a viable claim under § 1983. Banuelos v. McFarland, 41

F.3d 232, 235 (5th Cir. 1995); Varnado v. Lynaugh, 920 F.2d 320,

321 (5th Cir. 1991). 

Wooderts also argues that the district court erred by refusing

to conduct a de novo review of the magistrate judge’s report and

recommendation, after he timely filed objections thereto. Wooderts

is correct that his objections were timely filed and that de novo

review was thus triggered. See 28 U.S.C. § 636(b)(1); FED. R. CIV.

P. 6(a). However, Wooderts has not demonstrated reversible error,

as he has failed to show that he was prejudiced by the lack of de

novo review by the district court. See Kreimerman v. Casa

Veerkamp, S.A., de C.V., 22 F.3d 634, 646-47 (5th Cir. 1994).

Wooderts last argues that the district court erred in denying

his motion to compel discovery. “The district court need not allow

any discovery unless it finds that plaintiff has supported his

claim with sufficient precision and factual specificity to raise a

genuine issue as to the illegality of defendant’s conduct at the
No. 05-50424

-3-

time of the alleged acts.” Schultea v. Wood, 47 F.3d 1427, 1434

(5th Cir. 1995) (en banc). Wooderts did not meet that initial

burden; therefore, the district court’s discovery ruling was not an

abuse of discretion. See Gomez v. St. Jude Med. Daig Div. Inc.,

442 F.3d 919, 927 (5th Cir. 2006). 

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

# Board Actions

## Actions taken during the week ending May 1, 2010

----

Bank Mergers            Banco Popular de Puerto Rico, Hato Rey, Puerto Rico -- to acquire assets and assume liabilities of Westernbank Puerto Rico, Mayaguez, and thereby establish branches.            -Approved, April 29, 2010            Personnel            Office of Inspector General -- appointment of Jacqueline M. Becker as assistant inspector general and Laurence A. Froehlich as special adviser to the inspector general.            -Announced, April 26, 2010            Regulations and Policies            Correspondent Concentration Risks -- final interagency guidance on managing concentration risks from correspondent banking relationships.            -Approved, April 26, 2010                        Regulation D (Reserve Requirements of Depository Institutions) -- final amendments to authorize Federal Reserve Banks to offer term deposits to institutions eligible to receive earnings on their balances in accounts at Reserve Banks, and minor amendments to the Policy on Payment System Risk to address transactions associated with term deposits.            -Approved, April 21, 2010            (A/C)          Enforcement            Coast Bancorp, San Luis Obispo, California -- written agreement with the Federal Reserve Bank of San Francisco.            -Announced, April 29, 2010                        East Dubuque Bancshares, Inc., East Dubuque, Illinois, and East Dubuque Savings Bank, Dubuque, Iowa -- written agreement with the Federal Reserve Bank of Chicago.            -Announced, April 26, 2010                        FMB Equibanc, Inc., Statesboro, Georgia -- written agreement with the Federal Reserve Bank of Atlanta and the Banking Commissioner of the State of Georgia.            -Announced, April 29, 2010                        Liberty Financial Group, Inc., Eugene, Oregon -- written agreement with the Federal Reserve Bank of San Francisco and the Oregon Department of Consumer and Business Services, Division of Finance and Corporate Securities.            -Announced, April 27, 2010                        Sun West Capital Corporation, Las Vegas, Nevada -- written agreement with the Federal Reserve Bank of San Francisco.            -Announced, April 27, 2010            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
Exhibit 99.1





CERTIFICATION


UNDER SECTION 906 OF THE SARBANES-OXLEY ACT





In accordance with Section 906 of the Sarbanes-Oxley Act of 2002 and 18 U.S.C. § 1350, the undersigned, constituting the chief executive officer and chief financial
officer of Mega Group, Inc. (the issuer), hereby certify that, to the best of their knowledge, the accompanying annual report on Form 10-KSB of the issuer for the fiscal year ended December 31, 2001 fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 19834, as amended, and that the information presented in said periodic report fairly presents, in all material respects, the financial condition and results of operation of the issuer for
the fiscal year then ended.





/s/    JOHN H. BROWN,John H. Brown, Chief
Executive Officer of Mega Group, Inc





Date: October 31, 2002





/s/    MERRITT C. BROWN,Merritt C. Brown, Chief Financial Officer of Mega Group, Inc





Date: October 31, 2002
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: 11
Federal Reserve Bank of: Dallas

## Filings received during the week ending April 16, 2011

|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       

* Subject to the provisions of the Community Reinvestment Act

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
#### § 1241.1 Common carriers.

All common carriers subject to the provisions of Part I of Interstate Commerce Act, as amended, and the owners of all railroads engaged in interstate commerce as therein defined, are hereby required hereafter to file in the office of the Board on or before the 31st day of March in each year, reports covering the period of 12 months ending with the 31st day of December preceding said date, giving the particulars heretofore called for in the annual reports required by the Board of said carriers and owners of railroads.

[32 FR 20456, Dec. 20, 1967]
§ 1145.8 Data. ( a ) A shipper or receiver with practical physical access to only one Class I carrier serving the lane of traffic for which individualized performance records are sought, and based on a good faith belief that the Class I carrier has provided service that does not meet at least one performance standard from § 1145.2, may submit a written request to the incumbent rail carrier for all individualized performance records relevant to the performance standard(s) the shipper or receiver believes the rail carrier has failed. ( 1 ) In the request to the rail carrier, the shipper or receiver must identify the specific performance standard(s) that it believes the rail carrier has failed, and the corresponding date range and lane(s).
( 2 ) Within seven days of the written request, the incumbent rail carrier shall provide the shipper or receiver with the requested individualized performance records.
( 3 ) For purposes of this section, “individualized performance records” means the original estimated times of arrival, transit times, and/or industry spot and pull records related to the shipper or receiver's traffic, along with the corresponding time stamps.
( b ) All Class I carriers shall report to the Board on a weekly basis, in a manner and form determined by the Board, data that shows: the percentage of shipments on the carrier's system that moved in manifest service and that were delivered within 24 hours of OETA, out of all shipments on the carrier's system that moved in manifest service during that week; and, for each of the carrier's operating divisions and for the carrier's overall system, the percentage of planned service windows during which the carrier successfully performed the requested local service, out of the total number of planned service windows on the relevant division or system for that week, all within the meaning of this part.
( c ) Class I carriers shall provide, in the format of their choosing, machine-readable access to the information listed in this section. ( 1 ) *Machine-readable* means data in an open format that can be easily processed by computer without human intervention while ensuring no semantic meaning is lost.
( 2 ) *Open format* is a format that is not limited to a specific software program and not subject to restrictions on re-use.
( d ) Class I carriers shall retain all data necessary to respond to a request under paragraph (a) of this section for a minimum of four years.
69–008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–151

PROVIDING FOR THE CONSIDERATION OF H.R. 883, THE

AMERICAN LAND SOVEREIGNTY PROTECTION ACT

MAY 19, 1999.—Referred to the House Calendar and ordered to be printed

Mr. HASTINGS of Washington, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 180]

The Committee on Rules, having had under consideration House

Resolution 180, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF RESOLUTION

The resolution provides for the consideration of H.R. 883, the

‘‘American Land Sovereignty Protection Act’’ under a modified open

rule. The rule provides one hour of general debate divided equally

between the chairman and ranking minority member of the Committee on Resources.

The rule provides for a 4 hour limit on the amendment process

and provides that the bill shall be considered as read. Additionally,

the rule makes in order only those amendments preprinted in the

Congressional Record and pro forma amendments for the purpose

of debate. Amendments that are preprinted may be offered only by

the Member who caused them to be printed or his designee, shall

be considered as read, and may be amended.

The rule allows the Chairman of the Committee of the Whole to

postpone votes during consideration of the bill, and to reduce voting time to five minutes on a postponed question if the vote follows

a fifteen minute vote. Finally, the rule provides for one motion to

recommit, with or without instructions.

Æ
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: 11
Federal Reserve Bank of: Dallas

## Filings received during the week ending April 9, 2011

|Filer                | Filing Type    | Filing Proposal                                                                                                                         | End of Comment Period                                  
|-------------------- | -------------- | --------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|SSB BANCSHARES, INC. | 3A1            | SSB Bancshares, Inc., Anahuac, Texas, to become a bank holding company by acquiring 100 percent of Security State Bank, Anahuac, Texas. | 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       

* Subject to the provisions of the Community Reinvestment Act

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
#### The People of the State of New York, *Respondents, v.*Frank Van Vechten, *Appellant.*

— Judgment and conviction affirmed. Opinions by

Boardman and Potter, JJ.,

and by Learned, P. J., dissenting.
```

[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Notices]
[Page 35697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3191]

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

DEPARTMENT OF DEFENSE

Department of the Air Force

[No. USAF-2006-0012]

Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by July 30, 
2007.
    Title, Form, and OMB Number: Intercontinental Ballistic Missile 
Hardened Intersite Cable Right-of-Way Landowner Questionnaire; AF Form 
3951; OMB Number 0701-0141.
    Type of Request: Extension.
    Number of Respondents: 8,000.
    Responses per Respondent: 1.
    Annual Responses: 8,000.
    Average Burden per Response: 15 minutes.
    Annual Burden Hours: 2,000.
    Needs and Uses: The information collection requirement is used to 
report changes in ownership/lease information, conditions of missile 
cable route and associated appurtenances, and projected building/
excavation projects. The information collected is used to ensure system 
integrity and to maintain a close contact public relations program with 
involved personnel and agencies.
    Affected Public: Individuals or Households; Farms; State, Local or 
Tribal Government.
    Frequency: Biennially.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Ms. Hillary Jaffe.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jaffe at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
     Federal eRulemaking Portal: http://www.regulations. gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DoD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, PRN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: June 22, 2007.
Patricia L. Toppings,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 07-3191 Filed 6-28-07; 8:45 am]
BILLING CODE 5001-06-M
```
#### Bernard Miller, *Appellant, v.*The City of Newburgh, *Respondent*.

Peargument ordered.

Barnard; P.' J., not sitting.
```

[Journal of the House of Representatives, 1995]
[Tuesday, June 13, 1995 (78), Para 78.24 Adjournment]
[Page 893]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.78.24  adjournment

  On motion of Mr. ROHRABACHER, at 10 o'clock and 19 minutes p.m., the 
House adjourned.
```
#### § 1152.36 Submission of revenue and cost data.

The following information shall be submitted by applicant as Exhibit 1 to an abandonment or discontinuance application ([§ 1152.22(d)](/on/2024-09-24/title-49/section-1152.22#p-1152.22(d))) and shall be developed in accordance with the methodology established in [§§ 1152.31](/on/2024-09-24/title-49/section-1152.31) through [1152.35](/on/2024-09-24/title-49/section-1152.35), as applicable. Such information, form and methodology shall also be used by an offeror of financial assistance to formulate a Proposed Subsidy Payment ([§ 1152.27](/on/2024-09-24/title-49/section-1152.27)).

| | Base year operations | Forecast year operations | Projected subsidy year operations |
| --- | --- | --- | --- |
| Revenues attributable for: | | | |
| 1. Freight originated and/or terminated on branch | | | |
| 2. Bridge traffic | | | |
| 3. All other revenue and income | | | |
| 4. Total revenues attributable (lines 1 through 3) | | | |
| Avoidable costs for: | | | |
| 5. On-branch costs (lines 5a through 5k) | | | |
| a. Maintenance of way and structures | | | |
| b. Maintenance of equipment | | | |
| c. Transportation | | | |
| d. General administrative | | | |
| e. Deadheading, taxi, and hotel | | | |
| f. Overhead movement | | | |
| g. Freight car costs (other than return on freight cars) | | | |
| h. Return on value-locomotives | | | |
| i. Return on value-freight cars | | | |
| j. Revenue taxes | | | |
| k. Property taxes | | | |
| 6. Off-branch costs | | | |
| a. Off-branch costs (other than return on freight cars) | | | |
| b. Return on value-freight cars | | | |
| 7. Total avoidable costs (line 5 plus line 6) | | | |
| Subsidization costs for: | | | |
| 8. Rehabilitation1 | | | |
| 9. Administration costs (subsidy year only)2 | | | |
| 10. Casualty reserve account2 | | | |
| 11. Total subsidization costs (lines 8 through 10) | | | |
| Return on value: | | | |
| 12. Valuation of property (lines 12a through 12c) | | | |
| a. Working capital | XXXX | | |
| b. Income tax consequences | XXXX | | |
| c. Net liquidation value | XXXX | | |
| 13. Nominal rate of return | XXXX | | |
| 14. Nominal return on value (line 12 times line 13)3 | XXXX | | |
| 15. Holding gain (loss) | XXXX | | |
| 16. Total return on value (line 14 minus 15)3 | XXXX | | |
| 17. Avoidable loss from operations (line 4 minus line 7) | | | |
| 18. Estimated forecast year loss from operations (line 4 minus lines 7 and 16) | | | |
| 19. Estimated subsidy (line 4 minus lines 7, 11 and 16) | | | |
| | | | |
| --- | --- | --- | --- |
| 1 This projection shall be computed in accordance with [§ 1152.32(m)](/on/2024-09-24/title-49/section-1152.32#p-1152.32(m)). | | | |
| 2 Omit in applications pursuant to [§§ 1152.22](/on/2024-09-24/title-49/section-1152.22) and [1152.23](/on/2024-09-24/title-49/section-1152.23). | | | |
| 3 If the amount in line 12c is a negative for the “Forecast Year operations” insert “0” in this line. | | | |
Exhibit 23.2

Consent of Independent Registered Public Accounting Firm

The
Partners
WAMCO Partnerships:

We
consent to incorporation by reference in the registration statements (Numbers 333-10345, 333-48671, 333-59333, 333-00623 and
33-09485) on Forms S-3 and S-8 of FirstCity Financial Corporation, of our report dated March 16, 2006, with respect to the combined balance sheets of
the WAMCO Partnerships as of December 31, 2005 and 2004, and the related combined statements of operations, changes in partners' capital, and cash flows for each of the years in the
three-year period ended December 31, 2005, which report appears in the December 31, 2005 annual report on Form 10-K of FirstCity Financial Corporation.



Dallas,
Texas
March 16, 2006

---



QuickLinks
§ 1.49 Delegations to the Chief Information Officer. The Chief Information Officer is delegated authority to: ( a ) Carry out all functions and responsibilities assigned to the Secretary with respect to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506);
( b ) Carry out all functions and responsibilities assigned to the Secretary with respect to the Clinger-Cohen Act of 1996 (40 U.S.C. 11312 to 11314, and 11317);
( c ) Carry out all functions and responsibilities assigned to the Secretary with respect to the E-Government Act of 2002, Public Law 107-347;
( d ) Carry out all functions and responsibilities necessary to ensure compliance with the Federal Information Security Management Act of 2002 (44 U.S.C. 3534 and 3544);
( e ) Serve as the Chief Privacy Officer, 42 U.S.C. 2000ee-2, and administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of the Office of the Secretary;
( f ) Carry out all functions and responsibilities necessary to issue notices of Department of Transportation systems of records as required by the Privacy Act;
( g ) Carry out all functions and responsibilities assigned to the Secretary with respect to the Federal Records Act (44 U.S.C. 3101-3102) and necessary to ensure compliance with the regulations of the National Archives and Records Administration (36 CFR parts 1220 through 1299; 44 U.S.C. Chapters 21, 29, 31, and 33), in coordination with the General Counsel; and
( h ) Serve as the Senior Agency Official for Geospatial Information under Office of Management and Budget Memorandum M-06-07, “Designation of a Senior Agency Official for Geospatial Information” (March 3, 2006).