alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2033

___________

Matthew Joseph Sikora, Jr., *

*

Appellant, *

*

v. *

*

Frank X. Hopkins, Warden, in his *

individual and official capacity; *

Nebraska State Penitentiary; Joel *

Staley, “D” Unit Manager, in his * Appeal from the United States

individual and official capacity; Phil * District Court for the

Jefferson, Mental Health Staff * District of Nebraska

Personnel, in his individual and *

official capacity; Rick Hargreaves, * [UNPUBLISHED]

Mental Health Staff Personnel, in his *

individual and official capacity; John *

Does, in their individual and official *

capacities; Unknown Williams, *

“Buddy”; Tim Knight, *

*

Appellees. *

___________

 Submitted: September 8, 1998

 Filed: October 23, 1998

___________

Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD 

ARNOLD, Circuit Judges.

___________
The Honorable Richard G. Kopf, United States District Judge for the District 1

of Nebraska, adopting the report and recommendations of the Honorable David L.

Piester, United States Magistrate Judge for the District of Nebraska.

-2-

PER CURIAM.

Matthew Joseph Sikora, Jr., appeals from a final order entered in the United

States District Court for the District of Nebraska, dismissing his 42 U.S.C. § 1983

1

complaint, asserting constitutional violations and a state law tort claim. For the reasons

discussed below, we affirm, but amend the dismissal of the state law property-damage

claim to be without prejudice.

Sikora, formerly a Nebraska prisoner, alleged that prison officials conspired to

violate his constitutional rights, denied him access to the courts, harassed him, and

discriminated against him; he also claimed defendants violated state tort law by using

a foreign device or equipment to “encapsulate his body in a static-magnetic pressure

field to track, monitor, harass, and stalk him on a continual daily basis,” and by

damaging and destroying certain personal property. The district court dismissed

Sikora’s in forma pauperis complaint pursuant to 28 U.S.C. § 1915(e). 

We agree that Sikora failed to state an access-to-courts claim because he failed

to allege actual harm, see Lewis v. Casey, 518 U.S. 343, 351 (1996); Myers v.

Hundley, 101 F.3d 542, 544-45 (8th Cir. 1996), and that Sikora’s claim of bodily injury

by defendants’ use of a “foreign device or equipment” is frivolous.

To the extent Sikora alleged defendants destroyed his personal property, we

conclude such state law claim is not frivolous. See Neb. Rev. Stat. §§ 81-8,209

to 81-8,235 (1996). Because the claims over which the district court had original

jurisdiction were properly dismissed, and the district court may decline to exercise
-3-

supplemental jurisdiction over the pendent state claim, see 28 U.S.C. § 1367(c)(3), we

amend the dismissal of the property-destruction claim to be without prejudice. 

Accordingly, we affirm but amend the dismissal of the property-destruction claim

to be without prejudice.

A true copy.

Attest:

 CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT
OFFICE OF THE ATTORNEY GENERAL OF **TEXAS**

Thlr departaent I8 i 24, 1939,

### rque8tiag an opinio l elaetion ot a bank an oount 

### camber ot the 

### County YeD w letter or ?eb:uarT 

### on of whether the 08@ prerldent ir 8 ) 19%. 8pp.?arlngin Volwam 1133at p8ge uwuarlng 8 r*l*tod (Iarc llblOhwao 60. oh, two of WhlOb ooa**J .BObO&StiO8,**  **Wa8 IlOt**  **d18-** County Borrd **Oi YOhooL**  **'h&888** 

### outlon uadsr krtiols 373, Pam1 Lncluciw, a8 amenbed by E. 8. r **3¶88iOlb,** 

### 45thL8g., p. leP&1318, pro**88iOll4t8 ’**  **Court Or**  **08Oh** OOWIt~ #hall

**Artleh** t963 **proVia Ch8t**  **in** th0 **08S*** **Oi ’** **i8aOXpOr~t8d**

**‘ %rht8**  **baring 188s**  

### ttaa **one** 

### huadrd fifty 8rhOl88tia8, l 811 **frill68** l t 8uohalrtrictr 8hall br kept in 

### th. eOtUdy d8~Si9Ort.r andpciid

.~ ** on order of tna **LrU8te48 spprorbd**  by the Oarnty **8~p4riZltOZMhat.'**&a. Park8 ::. ~oXlohar1, iiaroh9, 1939, Page t

. Under ttl4prOYi8iOll8 of &t+lcle l%i?8,Rev1404 %4tUto8 

### 1926, andArtioh 2829, **88 8E4lldOd**  **kOt8** iQS1, uZbd Lee.,p. 43, Ch. 34, the oounty dspo4ltorr 14ma0 the d8pO41tO~ 

### ror tbo **fUlld8** Of oommon 8ObOOl d14triotr.

Under thoprOvlliOn8 of tit1010 2838, triad btatUtO8, 

### 1926, the fund8 of lnde~endont rohool dirtrlotr, barlq man than On0hUndrOd 8nd fiftY 8OhOh8tiO8 , are kept in

### depo8ltorier releoted ~4 8pprored by the

### bo8rd of 

### tAl8t888 of 4uoh independent rohool dlcltriot.

**A8 ehown**  **by t&o**  **fomgoin(l 8t8tute8,**  the rohool **had4 kept**  **by** the **county deporltory**  are there belonging to 00-n **rohool di8triotr**  and indsQond@nt 4Oh001dl8trlOt8 h8tfng 1488 then On0 hundred end rift+ roholartlor. The County Board of Cohool Tru8tsor **18 not**  Ofilclall~ oonoexnedwlth themanagement &nd dirburrrment of 8uoh sohool **fund8** and he8 nothing

### whatever to bowith makind the Oontmot rlth ths depository bank.

Thl8 department **18** of the oplnlon that theCounty Com**mi48ionor8*** **Court** nay &ogally de8ignate a4 the oountydeporitory, **4 bank**  who80 **prsrldeat** 18 a member of the County bard of Zchool %wtaaa.
**YOW8 vary**  truly ATTORNXY CFSERAL OP TEXAS
From: B

To: E-OHPSCA2713.EBSA

Subject: Women"s preventive care and contraception

Date: Thursday, August 25, 2011 2:02:32 PM

TO: Department of Health and Human Services

Please shrink - don't expand - the existing "religious refusal exemption". As a human being, a

woman, a wife and a mother, I strongly believe that every person has the right to control what happens

to her (or his) own body. This is a very basic human right and those denied it are called slaves.

I do not believe a fertilized egg has rights. A human being can chose whether to remove part of her

body, whether fat, kidney or fertilized egg . Before safe, effective, affordable contraception arrived,

women died trying to avoid having kids they couldn't take care of. It would be immoral to return to this

horror.

Denying care such as contraception imposes the religious views of a few (loud) Americans on the

bodies of others and violates our basic humanity. Please shrink - don't expand - the existing "religious

refusal exemption". 

Sincerely,

Morita Bruce
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From: FHGirton@aol.com

To: E-OHPSCA2713.EBSA

Subject: access to contraceptives by employees

Date: Monday, August 15, 2011 8:52:28 PM

Please do not limit a woman's right to contraceptives. Employers may have a different view of

contraceptives, but should not force those views on their employees. I respect religious views that

disavow contraceptives, but those views should not penalize those employees who do not share those

beliefs.

Sincerely,

Felecia Girton

PO Box 200

Millville, PA 178
Fe 

SUBJ EC1 : PLACARDS FOR BATTERYLIGHT AIRCRAFT 

Agency c 

AC NO: AC 20-40 

AIRCRAFT 

EFFECflVE : 

8/11/65 

'EXITED ALTERNATOR 3 INSTALLED IN 

George S. Moore 

Director 

Flight Standards Service 

1. 

2. 

3. 

4. 

PURPOSE: This advisory circular sets forth an acceptable means of 

complying with placarding rules in Federal Aviation Regulations 23 

and 27 with respect to battery-excited alternator installations. 

REGULATIONS AFFECTED: Federal Aviation Regulations 23.1541(a)(2) 

and 27,1541(a)(2). 

BACKGROUND: Since an alternator is but one class of generator, approval 

of alternator installationq in light aircraft have been made by the 

Agency under those rules in FAR 23 and 27 which deal with generator 

sys terns. It has been found, however, that certain types of alternators 

(which are apparently used in a number of automotive applications) 

obtain their field excitation from the battery. When field excitation 

is obtained in this way, there is the danger that, if the alternator 

is turned off in flight, subsequent loss or discharge of the battery 

would result in Loss of the alternator as well. This unusual design 

feature invokes the provisions in @23.1541(a)(2) and 27.1541(a)(2). 

ACCEPTABLE MEANS OF COMPLIANCE: With respect to battery-excited 

alternator instarlations, an acceptable method of complying with 

6823.l.S41(a)(2) and 27.1541(a)(2) is to provide a placard advising 

the pilot not to turn off the alternators in flight, except in case 

of emergency. 

. . 

. BE-3400
From: Rose Heredia

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 8:02:37 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Rose Heredia

817 8th Avenue

Brooklyn, NY 11215
Page | of 1
PUBLICATION a REGUL OBE G ROK SEP 1 20H
BRANCH As of: September 01, 2011

Received: August 15, 2011
Status: Posted

PUBLIC SUBMISSION Posted: September 01, 2011

Tracking No. 80ee17c6
‘Comments Due: September 30, 2011
Submission Type: Web

Docket: IRS-2010-0017
Requirement for Group Health Plans and Health Insurance Issuers to Provide Coverage of
Preventive Services under the PatientProtection and Affordable Care Act

Comment On: IRS-2010-0017-0038
Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services
under Patient Protection and Affordable Care Act: Amendment

Document: I[RS-2010-0017-0124
Comment on FR Doc # 2011-19684

Submitter Information

Name: Alison Mondi
Address:
523 11th Ave E #202
Seattle, WA, 98102
Email: alison.mondi@gmail.com

General Comment

Dear Secretary Sebelius,

I strongly support the new policy requiring health-insurance plans to cover birth control without a
co-pay, CMS-9992-IFC2. Thank you for this important improvement to women's health care.

T also want you to know that I am concerned that certain religious employers may be allowed to
opt out of the requirements. All women should have access to contraceptive coverage, regardless
of where they work.

This policy finally should make near-universal access to birth control a reality for all women who
use it.

Thank you for following science-based recommendations and making women's health a priority.

Sincerely,
Alison Mondi

http://fdms.erulemaking.net/fdms-web-agency/component/contentstreamer?objectId=09000... 9/1/2011
#### Adelina T. Bergholtz, Respondent, *v.*Ithaca Street Railway Company, Appellant.

*Bergholtz*v. *Ithaca Street Railway Co.,*143 App. Div. 971, affirmed.

(Argued December 16, 1912;

decided December 31, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme. Court in the third judicial department, entered April 29, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover possession of a parcel of land occupied by defendant’s roadbed.

*Friend H. Miller*for appellant.

*William Nelson Noble*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Chase and Collin, JJ. Absent: Willard Bartlett, J.
From: lindalmartin@comcast.net

To: E-OHPSCA2713.EBSA

Subject: Women"s access to health care

Date: Thursday, August 11, 2011 5:09:16 PM

I join with the American Association of University Women (AAUW) in

asking you to accept the recommendations of the Institute of

Medicine as pertain to coverage of preventive care under the new

health care law, and to reject any exemptions for “religious

employers.” These preventive services are a critical element of the

new law and would provide countless women better access to

necessary health care.

While AAUW believes that “religious refusal” exemptions unjustly

deny women access to contraceptive services, others, driven by an

ideological distaste for all contraceptive services, are pushing the

government to make exemptions even larger. Indeed, some groups

are pushing for the exemption to apply to religiously-run health

providers, so hospitals with religious affiliations would be exempt

from the coverage requirement, even though they employ people of

all faiths and ideologies. If granted, this larger exemption would

deny access to thousands of women just because of where they

work.

Most women, regardless of their faith, choose to use contraceptive

services. The religious refusal exemption will simply increase costs

for women who work for these organizations and will undermine the

healthcare legislation.

I urge you to ensure women have access to quality preventive care

by accepting IOM’s recommendations and rejecting the proposed

religious refusal exemption provisions.

Sincerely,

Linda L. Martin

5475 Wingborne CT

Columbia, MD 21045
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 1st TSC 451st ESC ITEF Bulldozer DLA Troop Support
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From: Nan Imbesi

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 5:23:54 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Nan Imbesi

6791 SW 57 Terrace

Miami, FL 33143
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 Task Force Spartan 75th Field Artillery Brigade Staff Sgt. Daisy Broker Diamond Tempest Capt. Andrew Brown
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Order entered December 19 , 2022

In The 

### Court of Appeals **Fifth District of Texas at Dallas**
No. 05

- 22

- 00683

- CR
AVERY DESMOND GRANT , Appellant
V.
THE STATE OF TEXAS , Appellee On Appeal from the 292 nd Judicial District Court Dallas County, Texas Trial Court Cause No. F
- 1921410

- V
O RDER The reporter’s record for this appeal is overdue. We ORDER Kelly Simmons, court reporter, 292nd Judicial District Court, to file the reporter’s record
within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District C ourt ; Kelly Simmons, court reporter, 292nd Judicial District Court; and to counsel for all parti es./s/ LANA MYERS JUSTICE
##### 



EXHIBIT 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 As of the date hereof, I, John Kunze, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that the Quarterly Report of Plumtree Software, Inc. on Form 10-Q for the
fiscal quarter ended September 30, 2004 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such Quarterly Report on Form 10-Q fairly presents in
all material respects the financial condition and results of operations of
Plumtree Software, Inc. By:
    /s/ John KunzeName:
    John KunzeTitle:
    Chief Financial OfficerDated:
    November 4, 2004 A signed original of this written statement required by Section 906 has been
provided by Plumtree Software, Inc. and will be retained by Plumtree Software,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
<PAGE>

                                                                    Exhibit 15.1


Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549


                        Re:   NSTAR
                              Registration on
                              Forms S-4, S-8, and S-3.



We are aware that our report dated August 14, 2000 on our review of the
condensed consolidated interim financial information of NSTAR as of and for the
period ended June 30, 2000 and included in NSTAR's quarterly report on Form 10-Q
for the quarter then ended is incorporated by reference in NSTAR's
registration statement on Form S-4 and related amendments (File No.
333-78285), Form S-8 (File No. 333-85559) and Form S-3 (File No. 333-94735).
Pursuant to Rule 436(c) under the Securities Act of 1933, this report should not
be considered a part of the registration statements prepared or certified by us
within the meaning of Sections 7 and 11 of that Act.



PricewaterhouseCoopers LLP
Boston, Massachusetts
August 11, 2000