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

No. 20

- 11096 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Jack Wade Warren,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:83

- CR

- 138

- 1

Before **Elrod, Oldham,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *
Jack Wade Warren, federal prisoner # 13477

- 077, seeks leave to proceed in forma pauperis (IFP) on appeal from the district court’s denials of his motion to dismiss his underlying convictions for lack of subject

- matter jurisdiction and his subsequent motion for reconsideration. The district

* Pursuant to **5th Cir cuit**  **R ule**  47.5, th e court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 17, 2022
Lyle W. Cayce Clerk Case: 20-11096 Document: 00516243830 Page: 1 Date Filed: 03/17/2022No. 20

- 11096

2 court denied Warren’s request to proceed IFP on appeal because he failed to

pr ovide a certificate of his inmate trust account, as ordered by the district

court.
Before this court, Warren contends that he should be permitted to proceed IFP without further authorization pursuant to Federal Rule of Appellate Procedure 24(a)(3) based on his prior IFP status. However, Rule 24(a)(3) does not apply here because Warren was last granted IFP status over seven years ago and, in the interim, the district court denied him IFP status
due to his failure to provide a certified copy of his inmate tr ust account statement as required by 28 U.S.C. § 1915(a)(2). See **Fed. R. App. P.** 24(a)(3)(A)

.
In addition to Warren’s failure to provide the requisite financial
information , Warren has not shown that he has a nonfrivolous issue for appeal. See Carson v. Polley , 689 F.2d 562, 586 (5th Cir. 1982). Because this appeal is frivolous, we may dismiss it sua sponte. See Baugh v. Taylor , 117 F.3d 197, 202 n.24 (5th Cir. 1997); **5th Cir. R.**  42.2. We caution Warren that the filing of future repetitive, frivolous, or abusive filings may result in the imposition of sanctions, including dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court or any court subject to this court’s jurisdiction.
Accordingly, we **DENY** Warren’s motion to proceed IFP on appeal , **DENY** his motion to amend the caption, **DISMISS** his appeal as frivolous,
and issue him a **SANCTION WARNING**

. Case: 20-11096 Document: 00516243830 Page: 2 Date Filed: 03/17/2022
DISMISS and Opinion Filed August 30, 2019 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-19-00551-CV THOMAS G. BROWN D/B/A B & B CON STRUCTION COMPANY, Appellant V. RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 56,631 

### MEMORANDUM OPINION Before Justices Schenck , Osborne, and Reichek Opinion by Justice Reichek By this appeal, Thomas G. Brown d/b/a B & B Construction Compan y challenges the trial court’s April 22, 2019 order granting in part and denying in pa rt First State Bank of Texas’s motion for summary judgment. Because the order did not dispose of all of Brown’s claims against the Bank and did not address Brown’s claims against Richard Crow, w e questioned our jurisdiction over the appeal. See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeals may only be taken from fin al judgments that dispose of all parties and claims). Both Brow n and the Bank filed jurisdictio nal letter briefs, a nd neither disputes claims remain pending. Accordingly, because claims remain pend ing, we lack jurisdiction and dismiss the appeal. See T EX
. R. A PP
. P. 42.3(a); Lehmann , 39 S.W.3d at 195.

190551F.P05 /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE–2– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

THOMAS G. BROWN D/B/A B & B CONSTRUCTION COMPANY, Appellant
No. 05-19-00551-CV V.
RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees On Appeal from the 86th Judicial District Court, Kaufman County, Texas Trial Court Cause No. 56,631. Opinion delivered by Justice Reichek, Justices Schenck and Os borne participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellees Richard Crow and First State Bank of Texas reco ver their costs, if any, of this appeal from appella nt Thomas G. Brown d/b/a B & B Construction Company.
Judgment entered August 30, 2019.
**Exhibit 32.2**

 

**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 NeoseTechnologies, Inc. (the “***Company***”)on Form 10-Q for the period ended September 30, 2008 as filed withthe Securities and Exchange Commission on the date hereof (the “***Report***”), I, A. Brian Davis, SeniorVice President and Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1) The Report fully complies withthe requirements of section 13(a) or 15(d) of the Securities ExchangeAct of 1934; and

 

(2) The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
|   /s/ A. Brian Davis                     |   |
|----------------------------------------------------|--------|
|                                               |
| A. Brian Davis                                     |
| Senior Vice President and Chief Financial  Officer |
|                                               |
| Date:   11/10/08                    |

 

----
<PAGE>   1
EXHIBIT 10.32b


                PROLOGIC MANAGEMENT SYSTEMS,INC. AND SUBSIDIARIES
                         Pro Forma Financial Information

                  CONDENSED CONSOLIDATED STATEMENT OF INCOME






<TABLE>
<CAPTION>
                              EIGHT MONTHS ENDED    PRO FORMA          ADJUSTED
                               NOVEMBER 30, 1997   ADJUSTMENTS     NOVEMBER 30, 1997
                              ------------------   -----------     ----------------
                                 (unaudited)       (unaudited)        (unaudited)
<S>                           <C>                  <C>             <C>
Revenues
  Hardware                      $ 10,192,273                         $ 10,192,273
  Licenses                         1,586,774                            1,586,774
  Services                         1,811,697                            1,811,697
                                ------------                          -----------
Total Net Revenue               $ 13,590,744                         $ 13,590,744

Total Cost of Sales             $ 10,896,842                         $ 10,896,842

Gross Margin                    $  2,693,902                         $  2,693,902

Operating Expenses
  Selling and Marketing         $  1,081,422                         $  1,081,422
  General & Administrative         2,269,355                            2,269,355
  Research & Development             268,518                              268,518
                                ------------                         ------------
                                $  3,619,295                         $  3,619,295

Operating Income (Loss)             (925,393)                            (925,393)

Interest Expense                     262,352                              262,352
  Other Income (Expense)             (17,492)                             (17,492)
                               -------------                         ------------
Income (loss) before taxes      $ (1,205,237)                        $ (1,205,237)
Income Taxes                              --                                   --
                               -------------                         ------------
Net loss                        $ (1,205,237)                        $ (1,205,237)
</TABLE>
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
 I 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 on Form 10-QSB of Legal Access Technologies, Inc. for the quarterly period ending October 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Legal Access Technologies, Inc.
   By:
 /s/ Kyleen E. Cane
 Name: Kyleen E. Cane
 Title: Principal and Chief Executive and Financial Officer, President, and
 Director
 Date: March 15, 2004


1
**Exhibit 32.1**

 

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. § 1350  AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of Reef Global Energy VI, L.P. (thePartnership) on Form 10-K for the fiscal year ended December 31, 2008as filed with the Securities and Exchange Commission on the date hereof (theReport), I, Michael J. Mauceli, principal executiveofficer of Reef Oil & Gas Partners, L.P., the managing general partnerof Reef Global Energy VI, L.P., certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that tomy knowledge:

 

(1)                                  The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Partnership.

 
| Date:  April 15, 2009 | Reef  Oil & Gas Partners, L.P. |
|----------------------------|-----------------------------------------|
|                       | Managing  General Partner               |
|                       |                                    |
|                       | By:                                     | Reef  Oil & Gas Partners, GP, LLC |
|                       |                                    |   |
|                       |                                    | /s/  Michael J. Mauceli |
|                       |                                    | Michael  J. Mauceli |
|                       |                                    | Manager  and Member |
|                       |                                    | (*principal executive officer*) |

 

Thiscertification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Actof 2002 and shall not, except to the extent required by the Sarbanes-Oxley Actof 2002, be deemed filed by the Partnership for purposes of §18 of theSecurities Exchange Act of 1934, as amended.

 

Asigned original of this written statement required by §906 has been provided tothe Partnership and will be retained by the partnership and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
EXHIBIT 10.33

                               SECOND AMENDMENT TO
         IMS HEALTH INCORPORATED SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

                         Effective as of October 1, 1999

     1. Section 1.13 of the IMS Health Incorporated Supplemental Executive
Retirement Plan is hereby amended to read in its entirety as follows:

     "1.13 `Compensation' shall mean base salary, annual bonuses, commissions,
     overtime and shift pay, in each case prior to reductions for elective
     contributions under Sections 401(k) and 125 of the Code and deferred
     compensation under any nonqualified deferred compensation plan.
     Notwithstanding the foregoing, Compensation shall exclude severance pay
     (including, without limitation, severance pay under the Company's Employee
     Protection Plan), stay-on bonuses, long-term bonuses, retirement income,
     change-in-control payments, contingent payments, amounts paid under this
     Plan (other than Disability Benefits) or any other retirement plan or
     deferred compensation plan, income derived from stock options, stock
     appreciation rights and other equity-based compensation and other forms of
     special remuneration."
<TABLE> <S> <C>

<ARTICLE>                          5
<LEGEND>

          This schedule  contains summary financial  information  extracted from
          Dynamic  Associates,  Inc. and  Subsidiaries  June 30, 1999  financial
          statements  and is  qualified  in its  entirety by  reference  to such
          financial statements

</LEGEND>

<CIK>                              0000878146
<NAME>                             Dynamic Associates, Inc.


<S>                                <C>

<PERIOD-TYPE>                        6-MOS
<FISCAL-YEAR-END>                    DEC-31-1999
<PERIOD-END>                         JUN-30-1999

<CASH>                                                 231,326
<SECURITIES>                                           0
<RECEIVABLES>                                          4,192,285
<ALLOWANCES>                                           (427,644)
<INVENTORY>                                            0
<CURRENT-ASSETS>                                       4,039,637
<PP&E>                                                 290,392
<DEPRECIATION>                                         (158,073)
<TOTAL-ASSETS>                                         23,114,160
<CURRENT-LIABILITIES>                                  765,810
<BONDS>                                                8,676,500
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               18,386
<OTHER-SE>                                             13,653,464
<TOTAL-LIABILITY-AND-EQUITY>                           23,114,160
<SALES>                                                4,513,412
<TOTAL-REVENUES>                                       4,513,412
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                       5,899,293
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     483,824
<INCOME-PRETAX>                                        (1,882,054)
<INCOME-TAX>                                           301,800
<INCOME-CONTINUING>                                    (2,183,854)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        7,955,831
<CHANGES>                                              0
<NET-INCOME>                                           5,771,977
<EPS-BASIC>                                          .34
<EPS-DILUTED>                                          .34



</TABLE>
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23262]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 12230]


Notice of Determinations; Culturally Significant Objects Being 
Imported for Exhibition--Determinations: ``Ethiopia at the Crossroads'' 
Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects being imported from abroad 
pursuant to an agreement with their foreign owner or custodian for 
temporary display in the exhibition ``Ethiopia at the Crossroads'' at 
The Walters Art Museum, Baltimore, Maryland, and at possible additional 
exhibitions or venues yet to be determined, are of cultural 
significance, and, further, that their temporary exhibition or display 
within the United States as aforementioned is in the national interest. 
I have ordered that Public Notice of these determinations be published 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#fe8d9b9d8a979190cccacbc7be8d8a9f8a9bd0999188"><span class="__cf_email__" data-cfemail="76051315021f19184442434f36050217021358111900">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000, and Delegation of Authority No. 523 of December 22, 
2021.

Nicole L. Elkon,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2023-23262 Filed 10-19-23; 8:45 am]
BILLING CODE 4710-05-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
# Official Journal L 233/30 A

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 233 |
| | |
| English edition | Legislation | Volume 5130 August 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 233

English edition

Legislation

Volume 5130 August 2008

---

| Contents | | Corrigenda | page |
| --- | --- | --- | --- |
| | * | Corrigendum to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008) | 1 |
| | * | Corrigendum to Council Decision 2008/474/EC of 16 June 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008) | 5 |
| Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part | 6 |

Contents

Corrigenda

page

*

Corrigendum to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008)

(OJ L 169, 30.6.2008)

1

*

Corrigendum to Council Decision 2008/474/EC of 16 June 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008)

(OJ L 169, 30.6.2008)

5

Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part

6

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
No. 55717.

protests 115079-K, etc. (San Francisco).

#### Distillers Distributing Co. et al. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
April 10, 1957

No. 60650.

Suit 4867.

#### T. M. Duche & Sons, Inc., et al. *v.*United States.

C.D. 1739 reversed February 8, 1957. C. A. D. 638.
EXHIBIT
10.11




AMENDMENT NO. 2
TO


AMENDED AND RESTATED
EXECUTIVE EMPLOYMENT AGREEMENT




THIS
AMENDMENT NO. 2 TO AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (this
“Amendment”) is
made this 3rd day of November, 2009 between DealerTrack Holdings, Inc. a
Delaware corporation (the “Company”), and Rick
G. Von Pusch, (“Executive”).




WHEREAS,
the Company and Executive entered into the Amended and Restated Senior Executive
Employment Agreement, dated as of August 8, 2007, as amended (the “Employment
Agreement”); and




WHEREAS,
the parties now desire to amend the Employment Agreement by modifying the terms
thereof to comply with Section 162(m) of the Internal Revenue Code.




NOW,
THEREFORE, in consideration of the mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto hereby agree as follows:




1.           Amendments.




(a)           Effective
immediately, the following language from Section 5(c)(1) of the Employment
Agreement and shall have no further force or effect (herein referred to as the
“Pro Rata Bonus
Provision”):




“a pro
rata bonus calculated based on multiplying the percentage of the year Executive
worked for Employer during the year of his termination by Executive’s target
Bonus for such year and payable within thirty (30) days of the Severance
Commencement Date, and”




(b)           Effective
immediately, the following paragraph is inserted in place of and replaces the
Pro Rata Bonus Provision in its entirety:




“a pro
rata bonus for the Fiscal Year in which Executive’s employment by the Company
terminates (determined by multiplying (x) Executive’s Bonus for such Fiscal
Year, determined as though Executive’s employment had not terminated during such
Fiscal Year, by (y) a fraction (not greater than one), the numerator of which is
the number of days Executive is employed during such Fiscal Year up to and
including the date on which Executive’s employment by the Company terminates,
and the denominator of which is 365) payable at the time that the Company pays
bonuses for such Fiscal Year to its other similarly situated senior executive
officers, but in no event later than seventy-five days following the last day of
such Fiscal Year, and.”





2.           Other Terms
Unmodified. Except as expressly modified hereby, the Employment Agreement
remains unmodified.




3.           Counterparts. This
Amendment may be executed in any number of counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same
instrument. Facsimile copies shall have the same effect as
originals.




[Remainder
of page intentionally left blank]





IN
WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment
as of the date first written above.




EXECUTIVE:NameDate:COMPANY:By:Name:Title:Date:
October 8, 1963

Reap. Dec. 10600.

#### The Hoenig Plywood Corporation *v.*United States,

Entered at New York, N.Y. Reap. Dee. 10569. Motion by plaintiff.