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 friv olous 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 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 19, 2019 Lyle W. Cayce Clerk Case: 19-30178 Document: 00515243516 Page: 1 Date Filed: 12/19/2019No. 19

- 30178

2 To proceed IFP, Simmons must be economically eligible and his appeal must not be frivolous. See F ED

. R. A PP

. 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 q uestion 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 cons truction, 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

. B ecause 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; 5 TH C IR

. R. 42.2

. T he 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, 38 8 (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
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 11-2096

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

Kenneth Robert Simpson, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: October 4, 2011

Filed: October 7, 2011

___________

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

___________

PER CURIAM.

Pursuant to a written plea agreement that contained an appeal waiver, Kenneth

Simpson pleaded guilty to receiving child pornography, in violation of 18 U.S.C.

§ 2252A(a)(2). The district court sentenced himto 60 months in prison, the statutory

1

minimum. On appeal, his counsel has moved to withdraw, and has filed a brief under

Anders v. California, 386 U.S. 738 (1967). Simpson has filed a pro se supplemental

brief suggesting, inter alia, that his counsel was ineffective. He has also filed a pro

se motion in this court.

The HonorableRodneyW. Sippel, United States DistrictJudge for the Eastern 1

District of Missouri.
We conclude that Simpson’s claim of ineffective assistance of counsel is not

barred by the plea agreement, but also is not appropriate for consideration on direct

appeal. See United States v. Looking Cloud, 419 F.3d 781, 788 (8th Cir. 2005)

(ineffective assistance of counsel claims nearly always require development of facts

outside record, which makes those claims generally inappropriate for direct appeal

and better raised in habeas proceeding). We further conclude that the appeal waiver

should be enforced as to all other issues in this appeal. See United States v. Andis,

333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (setting forth criteria for enforcing

appeal waiver); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th

Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75,

80 (1988), we have found no non-frivolous issues not covered by the appeal waiver. 

Accordingly, we decline to consider Simpson’s ineffective-assistance claimon direct

appeal, we dismiss this appeal based upon the appeal waiver, and we deny Simpson’s

pending motion as moot. We also grant counsel leave to withdraw, subject to him

informing Simpson about procedures for seeking rehearing or filing a petition for

certiorari.

______________________________

-2-
PUBLIC SUBMISSION

As of: 7/19/15 1:37 PM

Received: July 14, 2015

Status: Pending_Post

Tracking No. 1jz-8jz9-uxam

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; 

Notice of proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related 

Proposed Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-2266

Comment on FR Doc # 2015-14921

Submitter Information

Name: James Baruth

General Comment

To whom it may concern: I have my 401k in solid hands. I am working with professionals. I do 

not! need help from ANY! govt program or bureaucratic agency.
#### § 236.813a State, most restrictive.

The mode of an electric or electronic device that is equivalent to a track relay in its deenergized position.

[49 FR 3388, Jan. 26, 1984]
-----Original Message----- 

From: sguidi@credomobile.com [mailto:sguidi@credomobile.com] 

Sent: Monday, April 26, 2010 10:56 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, 

Sharon Guidi 

935 Pine St. #6 

San Francisco, CA 94108
§ 238.227 Suspension system. On or after November 8, 1999— ( a ) All passenger equipment shall exhibit freedom from truck hunting at all operating speeds. If truck hunting does occur, a railroad shall immediately take appropriate action to prevent derailment. Truck hunting is defined in § 213.333 of this chapter.
( b ) Nothing in this section shall affect the requirements of the Track Safety Standards in part 213 of this chapter as they apply to passenger equipment as provided in that part. In particular— ( 1 ) *Pre-revenue service qualification.* All passenger equipment intended for service at speeds greater than 90 mph or at any curving speed producing more than 5 inches of cant deficiency shall demonstrate safe operation during pre-revenue service qualification in accordance with § 213.345 of this chapter and is subject to the requirements of either § 213.57 or § 213.329 of this chapter, as appropriate.
( 2 ) *Revenue service operation.* All passenger equipment intended for service at speeds greater than 90 mph or at any curving speed producing more than 5 inches of cant deficiency is subject to the requirements of § 213.333 of this chapter and either § 213.57 or § 213.329 of this chapter, as appropriate.
[78 FR 16125, Mar. 13, 2013]
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.
 Small Business Administration [Disaster Declaration #11021 and #11022]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of New York (FEMA-1724-DR), dated 08/31/2007. *Incident:*
                         Severe Storms, Flooding and Tornado. *Incident Period:*
                         08/08/2007. *Effective Date:*
                         08/31/2007. *Physical Loan Application Deadline Date:*
                         10/30/2007. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         06/02/2008.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 08/31/2007, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):*
                     Queens. *Contiguous Counties (Economic Injury Loans Only):* New York: Bronx, Kings, Nassau, New York. The Interest Rates are: Percent*For Physical Damage:*Homeowners With Credit Available Elsewhere
6.250Homeowners Without Credit Available Elsewhere
3.125Businesses With Credit Available Elsewhere
8.000Other (Including Non-Profit Organizations) With Credit Available Elsewhere
5.250Businesses and Non-Profit Organizations Without Credit Available Elsewhere
4.000*For Economic Injury:*Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000
 
 
 The number assigned to this disaster for physical damage is 11021B and for economic injury is 110220. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance.


[FR Doc. 07-4457 Filed 9-14-07; 8:45 am] BILLING CODE 8025-01-M
EXHIBIT 31.2
 CERTIFICATION
 
 I, Donald J. Torbert, Jr., certify that:
 
 1.
I have reviewed this quarterly report on Form 10-Q of PAB Bankshares, 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; 
 3.
Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 
 4.
The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 
 a.)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 
 b.)
Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 
 c.)
Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 
 5.
The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions): 
 a.)
All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and 
 b.)
Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  Date: ***November 9, 2004***
By:
/s/ ***Donald  J.Torbert,Jr.***Donald J. Torbert, Jr.
Executive Vice President and Chief Financial Officer
(principal financial officer of the registrant)
§ 29.409 May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement? A Tribe may carry over from one fiscal year to the next any funds that remain at the end of the funding agreement, consistent with the following: ( a ) The period of availability for formula funds included in a funding agreement does not lapse. After transfer to the Tribe, such funds will remain available until expended. If a Tribe elects to carry over funds from one fiscal year to the next, such carryover funds will not diminish the amount of formula funds the Tribe is authorized to receive under its funding agreement in that or any subsequent fiscal year.
( b ) The period of availability for discretionary or competitive grants are specific to the funding source and will be set forth in the funding agreement.
#### § 236.601 Signals controlled by devices; location.

Signals controlled by devices used to provide protection against unusual contingencies, such as landslides, dragging equipment, burned bridges or trestles and washouts shall be located so that stopping distance will be provided between the signal and the point where it is necessary to stop the train.
```

[Journal of the House of Representatives, 1995]
[Tuesday, November 7, 1995 (141), Para 141.30 Middle East Peace Facilitation]
[Pages 1878-1879]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.141.30  middle east peace facilitation

  On motion of Mr. GILMAN, by unanimous consent, the Committee on 
International Relations was discharged from further consideration of the 
bill (H.R. 2589) to extend authorities under the Middle East Peace 
Facilitation Act of

[[Page 1879]]

1994 until December 31, 1995, and for other purposes.
  When said bill was considered, read twice, ordered to be engrossed and 
read a third time, was read a third time by title, and passed.
  A motion to reconsider the vote whereby the bill was passed was, by 
unanimous consent, laid on the table.
  Ordered, That the Clerk request the concurrence of the Senate in said 
bill.
```
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T GI L B E R T OS UN A, P la in tif

f - A p p e lla n t, v. M R . E R I V E S , i ndi vi dua l a nd L A P D P a tr ol B /W U n it O f

f ic e r , o f f ic ia l c ap a c ity ; e t a l., D efen d an t s - A p p el l ees. N o. 13- 55275 D . C. N o . 2 : 1 2 - c v - 0 2 4 7 5 - PA - V BK ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e C e n tr a l D is tr ic t o f C a lif o rn ia P e r c yA nde r s on, D i s tr i c tJudge , P r e s i di ng S ubm i tt e d A ugus t14, 2013 ** B e f o r e : S C H R O E D E R , G R A B E R , a n dP A E Z , C ir c u it Ju d g e s . G i l be rtO s unaappe a l s pr o s e f r om the di s tr i c tc ourt ’ s j udgm e ntdi s m i s s i ng h is 4 2 U .S .C . § 1 9 8 3 a c tio n a lle g in g e x c e s s iv e f o r c e a n dd e lib e r a te in d if f e r e n c e . W e ha ve j ur i s di c t i on unde r28 U . S . C . § 1291. W e r e vi e w f ora n abus e of 

# FI LED

AU G 21 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS13- 55275 2 d is c r e tio n ad is m is s a l f

o rf a ilu r e to p r o s e c u te , A l-T orkiv. Kaem

pen , 78 F . 3d 1381, 1 3 8 4 ( 9 th C ir . 1 9 9 6 ) , a n df o rf a ilu r e to c o m p lyw ith ac o u rt o r d e r , Ferdi k v . B on ze let , 963 F . 2d 1258, 1260 ( 9th C i r . 1992) . W e va c a t e a nd r e m a nd. T h e d is tr ic t c o u rt ab u s e dits d is c r e tio n in d is m is s in g O s u n a ’s a c tio n w ith pr e j udi c e f orf a i l ur e t o not i f

ythe c ourttha tO s unaha d pr ovi de d doc um e nt s t o the U .S . M a r s h a ls S e rv ic e b e c au s e it f a ile dto c o n s id e rle s s d r a s tic a lte rn a tiv e s . P a g ta lu n a n v. G a la za , 2 9 1 F .3 d6 3 9 , 6 4 2 - 4 3 ( 9 th C ir . 2 0 0 2 ) ( lis tin g f a c to r s to consi der before di sm i ss i ng for f ai l ure t o p rose cut e or f

ai l ure t o com pl y w i th cou rt orders and exp l ai ni ng thatw arni ng of di sm i ss al pri or t o d i sobedi ence of a c ou rt o r d e rd idn o t c o n s titu te c o n s id e r a tio n o f le s s d r a s tic a lte rn a tiv e s ) ; Fe rd ik , 963 F . 2d at12 60 (“ [D ] i sm i ss al i s ahars h p enal ty and , there fore , i tshou l d o nl y be i m po se d i n extre m e c i rc um st ance s. ”) . W hi l e the di stri ctcourthad p re vi ou sl y order ed O s u n ao n O c t o b e r1 1 , 2 0 1 2 t o p r o v i d e th e n e c e s s a ryd o c u me n t s t o th e U . S. M a r s h a ls S e rv ic e , th e r e c o r dd e m o n s tr a te s th a t th e d is tr ic t c o u rt s e n t th e o r d e rto th e i n co rrectad d ress. O s una ’ s r e que s tf

orc ouns e l , s e tf

orth i n hi s ope ni ng br i e f , i s de ni e d w i thout p r e ju d ic e to r e n e w a l b e f

o r e th e d is tr ic t c o u rt. V AC AT E D a n d RE MAND E D.
§ 229.119 Cabs, floors, and passageways. ( a ) Cab seats shall be securely mounted and braced. Cab doors shall be equipped with a secure and operable latching device.
( b ) Cab windows of the lead locomotive shall provide an undistorted view of the right-of-way for the crew from their normal position in the cab. (See also, Safety Glazing Standards, 49 CFR part 223, 44 FR 77348, Dec. 31, 1979.)
( c ) Floors of cabs, passageways, and compartments shall be kept free from oil, water, waste or any obstruction that creates a slipping, tripping or fire hazard. Floors shall be properly treated to provide secure footing.
( d ) Any occupied locomotive cab shall be provided with proper ventilation and with a heating arrangement that maintains a temperature of at least 60 degrees Fahrenheit 6 inches above the center of each seat in the cab compartment.
( e ) Similar locomotives with open-end platforms coupled in multiple control and used in road service shall have a means of safe passage between them; no passageway is required through the nose of car body locomotives. There shall be a continuous barrier across the full width of the end of a locomotive or a continuous barrier between locomotives.
( f ) Containers shall be provided for carrying fusees and torpedoes. A single container may be used if it has a partition to separate fusees from torpedoes. Torpedoes shall be kept in a closed metal container.
( g ) Each locomotive or remanufactured locomotive placed in service for the first time on or after June 8, 2012, shall be equipped with an air conditioning unit in the locomotive cab compartment.
( h ) Each air conditioning unit in the locomotive cab on a locomotive identified in paragraph (g) of this section shall be inspected and maintained to ensure that it operates properly and meets or exceeds the manufacturer's minimum operating specifications during the periodic inspection required for the locomotive pursuant to § 229.23 of this part.
( i ) Each locomotive or remanufactured locomotive ordered on or after June 8, 2012, or placed in service for the first time on or after December 10, 2012, shall be equipped with a securement device on each exterior locomotive cab door that is capable of securing the door from inside of the cab.
[45 FR 21109, Mar. 31, 1980, as amended at 77 FR 21346, Apr. 9, 2012]
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You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****Fact book[electronic resource]: a statistical profile of the thrift industry.**** 
SuDoc:T 71.23:
ItemNumber:0596-A-02(online)
CGPsystem Number:000581481
 
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