alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-30178

JERRY SIMMONS,

Plaintiff-Appellant

v.

LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS,

Defendant-Appellee

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 3:17-CV-1396

Before HIGGINBOTHAM, SOUTHWICK, and WILLETT, Circuit Judges.

PER CURIAM:*

Jerry Simmons, Louisiana prisoner # 593386, moves to proceed in forma 

pauperis (IFP) in his appeal of the district court’s order dismissing his civil 

rights complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A as frivolous and 

for failure to state a claim. His motion to proceed IFP on appeal is construed 

as a challenge to the district court’s certification that his appeal is not taken 

in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

 

* 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

December 19, 2019

Lyle W. Cayce

Clerk

 Case: 19-30178 Document: 00515243516 Page: 1 Date Filed: 12/19/2019
No. 19-30178

2

To proceed IFP, Simmons must be economically eligible and his appeal 

must not be frivolous. See FED. R. APP. P. 24(a)(5); Carson v. Polley, 689 F.2d 

562, 586 (5th Cir. 1982). Because Simmons’s economic eligibility to proceed 

IFP is not in question, the question is whether he has shown that his appeal 

presents a nonfrivolous issue. Carson, 689 F.2d at 586.

Though Simmons argues that the district court has denied him access to 

the courts in violation of the First Amendment and has discriminated against 

him because he is a pauper in violation of the Fourteenth Amendment by 

denying his IFP motion, he does not otherwise challenge the district court’s 

analysis of his constitutional claims under 42 U.S.C. § 1983. Although pro se 

briefs are afforded liberal construction, arguments must be briefed in order to 

be preserved. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Even 

when his brief is liberally construed, Simmons has failed to identify a 

nonfrivolous issue for appeal with respect to any of his § 1983 claims. 

See Carson, 689 F.2d at 586.

Because Simmons has failed to show that he will raise a nonfrivolous 

issue on appeal, his IFP motion is DENIED and his appeal is DISMISSED. 

See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2. The dismissal of this 

appeal as frivolous as well as the district court’s dismissal of his complaint as 

frivolous both count as strikes for purposes of 28 U.S.C. § 1915(g). 

See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Simmons is 

WARNED that if he accumulates three strikes, he will not be able to proceed 

IFP 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 § 1915(g).

 Case: 19-30178 Document: 00515243516 Page: 2 Date Filed: 12/19/2019
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1896 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1896

 To waive requirements mandating that States use the metric system in 
erecting highway signs and taking other actions relating to Federal-aid 
                           highway projects.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 1995

 Mr. Johnson of South Dakota introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
 addition to the Committee on Science, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To waive requirements mandating that States use the metric system in 
erecting highway signs and taking other actions relating to Federal-aid 
                           highway projects.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. METRIC CONVERSION REQUIREMENTS.

    (a) Erecting and Modifying Highway Signs.--Notwithstanding section 
3(2) of the Metric Conversion Act of 1975 (15 U.S.C. 205b(2)) or any 
other law, no State shall be required to erect or modify any highway 
sign that establishes any speed limit, distance, or other measurement 
using the metric system.
    (b) Other Actions Relating to Federal-Aid Highway Projects.--Upon 
receipt of a written notification by a State, referring to its right to 
provide notification under this subsection, the Secretary of 
Transportation shall waive, with respect to such State, any requirement 
that such State use or plan to use the metric system with respect to 
designing, preparing plans, specifications, and estimates, advertising, 
or taking any other action with respect to Federal-aid highway projects 
or activities utilizing funds made available to carry out title 23, 
United States Code. Such waiver shall remain effective for the State 
until the State notifies the Secretary to the contrary.
                                 <all>
```
Editorial Note on Part 195
Editorial Note: Nomenclature changes to part 195 appear at 71 FR 33409, June 9, 2006.

§ 195.405 Protection against ignitions and safe access/egress involving floating roofs. ( a ) After October 2, 2000, protection provided against ignitions arising out of static electricity, lightning, and stray currents during operation and maintenance activities involving aboveground breakout tanks must be in accordance with API RP 2003 (incorporated by reference, *see* § 195.3), unless the operator notes in the procedural manual (§ 195.402(c)) why compliance with all or certain provisions of API RP 2003 is not necessary for the safety of a particular breakout tank.
( b ) The hazards associated with access/egress onto floating roofs of in-service aboveground breakout tanks to perform inspection, service, maintenance, or repair activities (other than specified general considerations, specified routine tasks or entering tanks removed from service for cleaning) are addressed in API RP 2026 (incorporated by reference, *see* § 195.3) . After October 2, 2000, the operator must review and consider the potentially hazardous conditions, safety practices, and procedures in API RP 2026 for inclusion in the procedure manual (§ 195.402(c)).
[Amdt. 195-99, 80 FR 187, Jan. 5, 2015; 80 FR 46848, Aug. 6, 2015; Amdts. 192-135, 195-107, 89 FR 33284, Apr. 29, 2024]
#### § 175.900 Handling requirements for carbon dioxide, solid (dry ice).

Carbon dioxide, solid (dry ice) when shipped by itself or when used as a refrigerant for other commodities, may be carried only if the operator has made suitable arrangements based on the aircraft type, the aircraft ventilation rates, the method of packing and stowing, whether animals will be carried on the same flight and other factors. The operator must ensure that the ground staff is informed that the dry ice is being loaded or is on board the aircraft. For arrangements between the shipper and operator, see § 173.217 of this subchapter. Where dry ice is contained in a unit load device (ULD) prepared by a single shipper in accordance with § 173.217 of this subchapter and the operator after the acceptance adds additional dry ice, the operator must ensure that the information provided to the pilot-in-command and the marking on the ULD when used as a packaging reflects that revised quantity of dry ice.

[82 FR 15892, Mar. 30, 2017]
I

104TH CONGRESS

1ST SESSION H. R. 2216

To abolish the Local Rail Freight Assistance Program.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. FRANKS of New Jersey (for himself, Mr. MARTINI, Mr. STOCKMAN, Mr.

ZIMMER, Mr. FRELINGHUYSEN, and Mr. LOBIONDO) introduced the following bill; which was referred to the Committee on Transportation and

Infrastructure

A BILL

To abolish the Local Rail Freight Assistance Program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TERMINATION OF LOCAL RAIL FREIGHT AS4 SISTANCE PROGRAM.

5 Part B of subtitle V of title 49, United States Code,

6 and the items relating thereto in the table of chapters of

7 such subtitle, are repealed.

Æ
§ 178.347-4 Pressure relief. ( a ) Each cargo tank must be equipped with a pressure and vacuum relief system in accordance with § 178.345-10 and this section.
( b ) *Type and construction.* Vacuum relief devices are not required for cargo tank motor vehicles that are designed to be loaded by vacuum in accordance with § 178.347-1(c) or built to withstand full vacuum in accordance with § 178.347-1(d).
( c ) *Pressure settings of relief valves.* The setting of pressure relief valves must be in accordance with § 178.345-10(d).
( d ) *Venting capacities.* ( 1 ) The vacuum relief system must limit the vacuum to less than 80 percent of the design vacuum capability of the cargo tank.
( 2 ) If pressure loading or unloading devices are provided, the relief system must have adequate vapor and liquid capacity to limit the tank pressure to the cargo tank test pressure at maximum loading or unloading rate. The maximum loading or unloading rate must be included on the metal specification plate.
[Amdt. 178-89, 54 FR 25030, June 12, 1989, as amended at 55 FR 37064, Sept. 7, 1990. Redesignated by Amdt. 178-112, 61 FR 18934, Apr. 29, 1996; 76 FR 43532, July 20, 2011]
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 Commerce

###### Bureau of Industry and Security

                    In the                     **Federal Register**                     of Tuesday, March 20, 2007, the Bureau of Industry and Security published an Order denying the export privileges of Walter L. Lachman at 13083. This notice is being published to correct certain standard language regarding the scope of the “Denied Person” in that Order, which was defined in a way that made Walter L. Lachman appear as a corporation rather than an individual. Paragraph I of the text of the Order currently defines the scope of the “Denied Person” as follows: “* * * Walter L. Lachman, 1159 Old Marlboro Road, Concord, MA 01742, his successors or assigns, and when acting for or on behalf of Lachman, his officers, representatives, agents, or employees * * *.” This language should instead read as follows: “* * * Walter L. Lachman, 1159 Old Marlboro Road, Concord, MA 01742, and when acting for or on behalf of Lachman, his representatives, assigns, agents, or employees * * *.”                

Dated: July 31, 2007.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 07-3887  Filed 8-8-07; 8:45 am]

BILLING CODE 3510-DT-M
-----Original Message----- 

From: colins6798@yahoo.com [mailto:colins6798@yahoo.com] 

Sent: Sunday, April 25, 2010 5:24 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, 

Garrett Collins 

210 kearney way APT#110 

waunakee, WI 53597
§ 215.127 Defective draft arrangement. A railroad may not place or continue in service a car, if— ( a ) The car has a draft gear that is inoperative;
( b ) The car has a broken yoke;
( c ) An end of car cushioning unit is— ( 1 ) Leaking clearly formed droplets; or
( 2 ) Inoperative;
( d ) A vertical coupler pin retainer plate— ( 1 ) Is missing (except by design); or
( 2 ) Has a missing fastener;
( e ) The car has a draft key, or draft key retainer, that is— ( 1 ) Inoperative; or
( 2 ) Missing; or
( f ) The car has a missing or broken follower plate.
|   | I,      Maxim C. W. Webb, certify that: |
|--------|-----------------------------------------|

|   | 1. | I      have reviewed this Amendment No. 1 to Annual Report on Form 10-K of PICO      Holdings, Inc.; |
|--------|----|------------------------------------------------------------------------------------------------------|

|   | 2.   | Based on my knowledge, this      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  report. |
|--------|----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Date: | May      13, 2009 |
|--------|-------|-------------------|
-----Original Message----- 

From: pammie40@yahoo.com [mailto:pammie40@yahoo.com] 

Sent: Saturday, April 24, 2010 9:30 PM 

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, 

Patti Roth 

16507 Crossfield Dr. 

Houston, TX 77095
-----Original Message----- 

From: mtabes@hotmail.com [mailto:mtabes@hotmail.com] 

Sent: Saturday, April 24, 2010 8:56 PM 

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. 

I am a mental health services researcher and understand this issue very 

well. To deny appropriate coverage to persons in need when there are 

evidence-based approaches to reduce morbidity is unethical. I hope the 

final rule will stay true to the intent of the legislation which was 

years in the making. 

Many thanks for your attention. 

Sincerely, 

Michael Abrams 

XXX No paper mail please 

Baltimore, MD 21228
```

[Journal of the House of Representatives, 1995]
[Tuesday, May 9, 1995 (62), Para 62.14 Coast Guard Authorization]
[Page 637]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.62.14  coast guard authorization

  The SPEAKER pro tempore, Mr. EWING, pursuant to House Resolution 139 
and rule XXIII, declared the House resolved into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 1361) to authorize appropriations for fiscal year 1996 for the 
Coast Guard, and for other purposes.
  The SPEAKER pro tempore, Mr. EWING, by unanimous consent, designated 
Mr. DICKEY as Chairman of the Committee of the Whole; and after some 
time spent therein,
```
```

[Journal of the House of Representatives, 1995]
[Monday, May 1, 1995 (59), Para 59.14 Adjournment]
[Page 606]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.59.14  adjournment

  On motion of Mr. MONTGOMERY, at 2 o'clock and 20 minutes p.m., the 
House adjourned until 9:30 a.m., Tuesday, May 2, 1995.
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>

This schedule contains summary financial information extracted from the 
financial statements in the Quarterly Report on Form 10-Q of VLSI Technology, 
Inc. for the nine months ended September 26, 1997 and is qualified in its 
entirety by reference to such financial statements.

</LEGEND>
<CIK>                                        0000704386
<NAME>                             VLSI TECHNOLOGY, INC.
<MULTIPLIER>                                      1,000
<CURRENCY>                                          USD
       
<S>                                         <C>
<PERIOD-TYPE>                                     9-MOS
<FISCAL-YEAR-END>                           DEC-26-1997
<PERIOD-START>                              DEC-28-1996
<PERIOD-END>                                SEP-26-1997
<EXCHANGE-RATE>                                       1
<CASH>                                          200,391
<SECURITIES>                                     84,307
<RECEIVABLES>                                   116,242
<ALLOWANCES>                                     (2,000)
<INVENTORY>                                      56,090
<CURRENT-ASSETS>                                539,418
<PP&E>                                          804,495
<DEPRECIATION>                                 (396,966)
<TOTAL-ASSETS>                                  968,248
<CURRENT-LIABILITIES>                           232,648
<BONDS>                                         200,059
<COMMON>                                            472
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<OTHER-SE>                                      521,069
<TOTAL-LIABILITY-AND-EQUITY>                    968,248
<SALES>                                         519,636
<TOTAL-REVENUES>                                519,636
<CGS>                                           298,776
<TOTAL-COSTS>                                   298,776
<OTHER-EXPENSES>                                156,251
<LOSS-PROVISION>                                   (122) 
<INTEREST-EXPENSE>                               13,224
<INCOME-PRETAX>                                  61,167
<INCOME-TAX>                                     16,515
<INCOME-CONTINUING>                              44,652
<DISCONTINUED>                                    5,173
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                     49,825
<EPS-PRIMARY>                                      1.02
<EPS-DILUTED>                                      1.02
        
 



</TABLE>
Exhibit 32



CERTIFICATION OF PERIODIC REPORT OF
PRINCIPAL EXECUTIVE OFFICER
AND OF
PRINCIPAL FINANCIAL OFFICER
OF



ROCHESTER GAS AND ELECTRIC CORPORATION



PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



We, James P. Laurito, President, and Joseph J. Syta, Controller and Treasurer, of Rochester Gas and Electric Corporation, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) Rochester Gas and Electric Corporation's Annual Report on Form 10-K for the year ended December 31, 2003 (the "Report"), fully complies with the requirements of Section 13(a) or Section 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 Rochester Gas and Electric Corporation.

Dated: March 8, 2004

/s/James P. Laurito                                      James P. Laurito
         President



/s/Joseph J. Syta                                                Joseph J. Syta
        Controller and Treasurer
From: georgesbaker@charter.net [mailto:georgesbaker@charter.net] 

Sent: Sunday, April 25, 2010 2:24 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. 

Please include in this legislation the ability for Licensed Mental 

Health Counselors to be reimbursed by Medicare, an action that will end 

an inequity for this group as well as take a firm action to help hold 

down medical costs. 

Sincerely, 

George S. Baker 

40 Grace Ave. 

Plattsburgh, NY 12901 

Sincerely, 

George S. Baker 

40 Grace Ave. 

Plattsburgh, NY 12901
```

[Journal of the House of Representatives, 1995]
[Friday, July 21, 1995 (99), Para 99.31 Enrolled Bill Signed]
[Page 1177]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.99.31  enrolled bill signed

  Mr. THOMAS, from the Committee on House Oversight, reported that that 
committee had examined and found truly enrolled a bill of the House of 
the following title, which was signed by the Speaker:

       H.R. 1944. An Act making emergency supplemental 
     appropriations for additional disaster assistance, for anti-
     terrorism initiatives, for assistance in the recovery from 
     the tragedy that occurred at Oklahoma City, and making 
     rescissions for the fiscal year ending September 30, 1995, 
     and for other purposes.
```
#### Alfred L. Simonson v. Samuel A. Wood.

— Motion for reargument denied, without costs; order to be entered as directed in opinion. Opinion by

Davis, P. J.