alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 14-2925

___________________________ Charles A. Winston lllllllllllllllllllll Plaintiff - Appellant

v. Danny Burl, Warden, East Arkansas Reg ional Unit; Todd Ball, Deputy Warden of Security, East Arkansas Regional Unit; Dexter Payne, Deputy Warden of Operation, East Arkansas Regional Unit; Walton, Mailroom Supervisor, East Arkansas Regional Unit; Barbara Ester, Estate of Barbara Ester, deceased, Property Supervisor, East Arkansas Regional Unit; Lynette Dickerson, Property Supervisor, East Arkansas Regional Unit lllllllllllllllllllll Defendants - Appellees

____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena

____________ Submitted: March 11, 2015 Filed: March 17, 2015 [Unpublished]

____________ Before SMITH, GRUENDER, BENTON Circuit Judges.

____________ PER CURIAM.Arkansas prisoner Charles Winston appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint a lleging defendants wrongfully destroyed his property and retaliated against him for filing grievances . After careful review of the record, we affirm. Cooper v. Schriro , 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (de novo review of 28 U.S.C. § 1915A dismissal); Fullington v. Pfizer, Inc. , 720 F.3d 739, 747 (8th Cir. 2013) (court of appeals may affirm on any basis supported by record). The district court correctly decided thatWinston failed to state a procedural due process claim based on the destruction of his property because Arkansas provided an adequate post-deprivation remedy. See Hudson v. Palmer , 468 U.S. 517, 533 (1984) (unauthorized deprivation of property does not constitute violation of procedural due process if meaningful post-depr ivation remedy is available); Willis Smith & Co., Inc. v. Arkansas , 548 F.3d 638, 640 (8th Cir. 2008) (A rkansas provides adequate postdeprivation remedy for property claims th rough Arkansas State Claims Commission). Additionally, the statute of limitations barred any claims based on conduct that occurred before December 30, 2010, s ee Miller v. Norris , 247 F.3d 736, 739 (8th Cir. 2001) (Arkansas 3-year statute of limitations for personal injuri es applies to § 1983 claims), and, to the extent the compla int raised timely claims against Lynette Dickerson based on retaliation, denial of access to the courts, or violations of prison policies, remand is unnecessary because th e allegations failed to state a claim, see Atkinson v. Bohn , 91 F.3d 1127, 1129 (8th Cir. 1996) (per curiam) (plaintiff must allege sufficient facts to infer retaliato ry animus to state retaliation claim); Hartsfield v. Nichols , 511 F.3d 826, 831-32 (8th Cir. 2008) (denial of access to courts claim must be supported by showing actua l injury, i.e., that non-frivolous legal claim was frustrated or impeded); Gardner v. Howard , 109 F.3d 427, 430-31 (8th Cir. 1997) (violating prison policy does not give rise to § 1983 claim). Therefore, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
```

[Journal of the House of Representatives, 1995]
[Wednesday, August 2, 1995 (107), Para 107.13 Recorded Vote]
[Page 1241]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.107.13  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. OBEY:

       On page 18, strike lines 17 through 24.
       On page 19 strike out all beginning on line 1 through line 
     14 on page 20.
       On page 20 strike out lines 15 through 22.
       On page 20 strike out all beginning on line 23 through line 
     12 on page 21.
       On page 21 strike out lines 13 through 23.
       On page 41 strike lines 6 through 8.
       On page 51 strike out all beginning after ``1996'' on line 
     12 through line 18 on page 52.
       On page 54 strike lines 6 through 18.
       On page 58 strike all beginning after the word ``purposes'' 
     on line 20 through page 60 line 8.
       On page 69 strike lines 12 through 17.
       On page 70 strike all beginning on line 17 through line 8 
     on page 71.
       On page 71 strike all beginning on line 7 through line 15 
     on page 72.
       Strike title VI of the bill beginning on page 76 line 1 
     through line 7 on page 88.

It was decided in the

Yeas

155

negative

Nays

270
```
[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Pages 46194-46195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4032]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Proposed New Fee Site Black River Harbor Day Use Area; 
Ottawa National Forest, Gogebic County, MI

AGENCY: Forest Service, USDA.

ACTION:  Notice of new fee site.

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

SUMMARY: The Ottawa National Forest is proposing to establish a new 
recreation fee site for the use of the pavilion within

[[Page 46195]]

the Black River Harbor Day Use Area. The proposed fee is $40 per day 
reservation. All reservations would be listed through the National 
Recreation Reservation Service. Funds collected would be used for the 
continued operation and maintenance of the Black River Harbor pavilion.

DATES: Effective Date: Fee implementation would begin in the Spring of 
2008.

FOR FURTHER INFORMATION CONTACT: Information may be obtained by 
contacting Melanie Fullman or Mike Jacobson, Bessemer Ranger District, 
Ottawa National Forest, 500 N. Moore Street, Bessemer, Michigan, (906) 
932-1330.

SUPPLEMENTARY INFORMATION: The Federal Lands Recreation Enhancement Act 
(Title VIII, Pub. L. 108-447) directed the Secretary of Agriculture to 
publish a six month advance notice in the Federal Register whenever new 
recreation fees are established. This new fee proposal will be reviewed 
by a Recreation Resource Advisory Committee prior to a final decision 
and implementation.
    There has been a notable increase in the demand for reservations of 
the pavilion for group use. Increased uses include picnics, weddings, 
family reunions, schools and various clubs. A market analysis indicates 
that the $40/day is both reasonable and acceptable for this sort of 
unique recreation experience.
    People wanting to rent the Black River Harbor pavilion would need 
to do so through the National Recreation Reservation Service, at http://www.reserveusa.com or by calling 1-887-444-6777. The National 
Recreation Reservation Service charges a $9 fee for reservations.

    Dated: August 9, 2007.
Randal D. Charles,
Acting Forest Supervisor.
[FR Doc. 07-4032 Filed 8-16-07; 8:45 am]
BILLING CODE 3410-11-M
<PAGE>



                                                                    EXHIBIT 99.2

                           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 Quarterly Report of Biovest International, Inc. (the
"Company") on Form 10-QSB for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas F. Belleau, Chief Financial Officer of the Company, 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 result of operations of the
Company.


                                         /s/ Thomas F. Belleau
                                         ---------------------
                                         Thomas F. Belleau
                                         Chief Financial Officer
                                         May 20, 2003
#### Emma J. Girling, Respondent, *v.*The City of New York, Appellant.

*Girling*v. *City of New York,*134 App. Div. 927, affirmed.

(Argued December 14, 1910;

decided January 3, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1909, upon an order which reversed an order of *566the court at a Trial Term setting aside a verdict in favor of plaintiff and directed the reinstatement of said verdict in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.

*Archibald R. Watson, Corporation Counsel (James D. Bell*of counsel), for appellant.

*Frederick S. Martyn*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.
-----Original Message----- 

From: cbengtson@northlandcounseling.org 

[mailto:cbengtson@northlandcounseling.org] 

Sent: Monday, April 26, 2010 10:47 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 26, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Cathleen Bengtson 

215 2nd Ave SW 

Grand Rapids, MN 55744
```

[Journal of the House of Representatives, 1995]
[Tuesday, August 1, 1995 (106), Para 106.10 Bosnia-Herzegovina Self-Defense]
[Page 1234]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.106.10  bosnia-herzegovina self-defense

  The SPEAKER pro tempore, Mr. EMERSON, pursuant to House Resolution 204 
and rule XXIII, declared the House resolved into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill of the Senate (S. 21) to terminate the United States arms 
embargo applicable to the Government of Bosnia and Herzegovina.
  Mr. BONILLA, Chairman of the Committee of the Whole, resumed the 
chair; and after some time spent therein,
  The SPEAKER pro tempore, Mr. COMBEST, assumed the Chair.
  When Mr. BONILLA, Chairman, pursuant to House Resolution 204, reported 
the bill back to the House.
  The previous question having been ordered by said resolution.
  The bill was ordered to be read a third time, was read a third time by 
title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. COMBEST, announced that the nays had it.
  Mr. GILMAN objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

298

When there appeared

Nays

128
```
```

[Journal of the House of Representatives, 1995]
[Tuesday, May 9, 1995 (62), Para 62.6 Message from the Senate]
[Page 635]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.62.6  message from the senate

  A message from the Senate by Mr. Lundregan, one of its clerks, 
announced that the Senate had passed without amendment a concurrent 
resolution of the House of the following title:

       H. Con. Res. 53. Concurrent resolution expressing the sense 
     of the Congress regarding a private visit by President Lee 
     Teng-hui of the Republic of China on Taiwan to the United 
     States.

  The message also announced that the Senate had passed a bill of the 
following title, in which the concurrence of the House is requested:

       S. 103. An Act entitled the ``Lost Creek Land Exchange Act 
     of 1995''.

  The message also announced that pursuant to sections 1928a-1928d of 
title 22, United States Code, as amended, the Chair, on behalf of the 
Vice President, appoints Mr. Murkowski, Mr. Brown, Mr. Gregg, Mrs. 
Hutchison, Mr. Johnston, Mr. Pryor, and Mr. Akaka as members of the 
Senate delegation to the North Atlantic Assembly Spring Meeting during 
the First Session of the One Hundred Fourth Congress, to be held in 
Budapest, Hungary, May 25-29, 1995.
  The message also announced that pursuant to sections 276h-276k of 
title 22, United States Code, as amended, the Chair, on behalf of the 
Vice President, appoints Mr. Bingaman as a member of the Senate 
delegation to the Mexico-United States Interparliamentary Group during 
the First Session of the One Hundred Fourth Congress, to be held in 
Tucson, AZ, May 12-14, 1995.
  The message also announced that pursuant to sections 276d-276g of 
title 22, United States Code, as amended, the Chair on behalf of the 
Vice President, appoints Mr. Grassley and Mrs. Hutchison to the Senate 
delegation to the Canada-United States Interparliamentary Group during 
the First Session of the One Hundred Fourth Congress, to be held in 
Huntsville, ON, Canada, May 18-22, 1995.
  The message also announced that pursuant to sections 276d-276g of 
title 22, United States Code, as amended, the Chair, on behalf of the 
Vice President, appoints Mrs. Murray as vice chairman of the Senate 
delegation to the Canada-United States Interparlia mentary Group during 
the One Hundred Fourth Congress.
```
§ 215.11 Designated inspectors. ( a ) Each railroad that operates railroad freight cars to which this part applies shall designate persons qualified to inspect railroad freight cars for compliance with this part and to make the determinations required by § 215.9 of this part.
( b ) Each person designated under this section shall have demonstrated to the railroad a knowledge and ability to inspect railroad freight cars for compliance with the requirements of this part and to make the determinations required by § 215.9 of this part.
( c ) With respect to designations under this section, each railroad shall maintain written records of: ( 1 ) Each designation in effect; and
( 2 ) The basis for each designation.
[45 FR 26710, Apr. 21, 1980]
### Fw: Comments on NOI thresholds

Allison Wiedeman to: William Jordan, Susan Lewis, Kevin Minoli, Mindy Nigoff, Jack Faulk, Michele Knorr 11/18/2009 04:33 PM



### Allison Wiedeman, Chief Rural Branch, Water Permits Division Office of Water 202-564-0901 ----- Forwarded by Allison Wiedeman/DC/USEPA/US on 11/18/2009 04:32 PM -----

From: "Thorne, John" <JThorne@crowell.com> To: Allison Wiedeman/DC/USEPA/US@EPA Date: 11/13/2009 06:11 PM Subject: Comments on NOI thresholds



### Sorry this took so long. We'll be quicker on the other topics. Have a great weekend. John

John Thorne, PhD Sr. Policy Advisor Crowell & Moring LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 202-508-8962 202-669-1001 cell
In The 

Court of Appeals 

Seventh District of Texas at Amarillo 

 

No. 07-21-00198-CR 

 

FERNANDO ADAME, JR., APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

On Appeal from the 100th District Court 

 Hall County, Texas 

Trial Court No. 3794 (Counts I & II), Honorable Stuart Messer, Presiding 

July 14, 2022 

MEMORANDUM OPINION 

Before QUINN, C.J., and PARKER and DOSS, JJ. 

Appellant, Fernando Adame Jr., appeals his convictions for aggravated assault 

with a deadly weapon1 and for failure to stop and render aid following a traffic accident.2 

Pending before this Court is Appellant’s motion to voluntarily dismiss the appeal. As 

required by Rule of Appellate Procedure 42.2(a), the motion to dismiss is signed by 

1 See TEX. PENAL CODE ANN. § 22.02(a)(2).

2 See TEX. TRANSP. CODE ANN. § 550.021.
2

Appellant and his attorney. As no decision of the Court has been delivered, the motion

is granted, and the appeal is dismissed. No motion for rehearing will be entertained and 

our mandate will issue forthwith.

Per Curiam

Do not publish.
EXHIBIT 24.6
                      POWER OF ATTORNEY


The  undersigned, as Controller of Central Power  and  Light
Company  (the  "Company"),  hereby  makes,  constitutes  and
appoints  Robert  R. Carey his true and lawful  attorney-in-
fact and agent, with full power and authority to execute  in
the  name and on behalf of the undersigned, in any  and  all
capacities,  the Company's Annual Report on  Form  10-K  for
1995  and any and all amendments thereto, to be filed  under
the  Securities  Exchange Act of 1934, as amended,  and  any
other  documents and instruments incidental thereto, and  to
file  the  same, with all exhibits thereto and all documents
in  connection therewith, with the Securities  and  Exchange
Commission,  hereby  granting to such attorney-in-fact,  and
agent,   full  power  and  authority  of  substitution   and
revocation  in the premises and full power and authority  to
do  and  perform each and every act and thing requisite  and
necessary to be done in and about the premises, as fully for
all  intents and purposes as the undersigned might or  could
do  in  person and hereby ratifying and confirming all  that
such  attorney-in-fact and agent, may do or cause to be done
by virtue of this Power of Attorney.

IN  WITNESS WHEREOF, I have hereunto executed this Power  of
Attorney this 19th day of January, 1996.


                              R. Russell Davis







Subscribed and sworn to before me this 19th day of  January,
1996 by R. Russell Davis.


                              Kit Hill
                              Notary Public

My Commission Expires:
6-14-97
-----Original Message----- 

From: komyt@yahoo.com [mailto:komyt@yahoo.com] 

Sent: Sunday, April 25, 2010 1:21 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Kareem Talhouni 

22 Thornley St. 

Dorchester, MA 02125
From: purg@xpurgatoryx.com [mailto:purg@xpurgatoryx.com] 

Sent: Sunday, April 25, 2010 12:51 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

chad mallett 

231 fred ruth zigler memorial dr 

jennings, LA 70546
Exhibit
24
 
 **POWER
      OF ATTORNEY****Annual
      Report on Form 10-K for the Fiscal Year Ended****December
      31, 2004**
 
 The
undersigned directors of the following companies (each respectively the
"Company")
 **Company**
    **State
      of Incorporation**AEP
      Texas Central Company
    TexasAEP
      Texas North Company
    TexasPublic
      Service Company of Oklahoma
    OklahomaSouthwestern
      Electric Power Company
    Delaware
 
 do hereby
constitute and appoint MICHAEL G. MORRIS, STEPHEN P. SMITH and SUSAN TOMASKY,
and each of them, their attorneys-in-fact and agents, to execute for them, and
in their names, and in any and all of their capacities, the Annual Report of the
Company on Form 10-K, pursuant to Section 13 of the Securities Exchange Act of
1934, for the fiscal year ended December 31, 2004, and any and all amendments
thereto, and to file the same, with all exhibits thereto and other documents in
connection therewith, with the Securities and Exchange Commission, granting unto
said attorneys-in-fact and agents, and each of them, full power and authority to
do and perform every act and thing required or necessary to be done, as fully to
all intents and purposes as the undersigned might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents, or any of
them, may lawfully do or cause to be done by virtue hereof.
 
 IN
WITNESS WHEREOF the undersigned have hereunto set their hands this
26 th day of
January, 2005.
 
 
 /s/
      Carl L. English
    /s/
      Michael G. Morris/s/
      Thomas M. Hagan
    /s/
      Robert P. Powers/s/
      John B. Keane
    /s/
      Stephen P. Smith/s/
      Venita McCellon-Allen
    /s/
      Susan Tomasky
-----Original Message----- 

From: andrewpage5@gmail.com [mailto:andrewpage5@gmail.com] 

Sent: Sunday, April 25, 2010 11:57 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Andrew Page 

1604 Josephine St 

Berkeley, CA 94703
STEVEN J. GIBOUT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-1118

_____________________________/

Opinion filed May 1, 2015.

An appeal from an order of the Circuit Court for Escambia County.

T. Michael Jones, Judge.

James R. Barnes, Pensacola, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

DISMISSED. This dismissal is without prejudice to appellant’s right to file 

a petition for belated appeal. See Fla. R. App. P. 9.141(c).

WOLF, THOMAS, and OSTERHAUS, JJ., CONCUR.