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

For the Eighth Circuit

___________________________

No. 22-1277

___________________________

Nellie A. Baldridge

lllllllllllllllllllllPlaintiff - Appellant

v.

Kilolo Kijakazi, Acting Commissioner of Social Security Administration

lllllllllllllllllllllDefendant - Appellee

 ____________

Appeal from United States District Court 

for the Eastern District of Arkansas - Northern

 ____________

 Submitted: August 2, 3033

Filed: August 5, 2022

[Unpublished]

____________

Before GRUENDER, MELLOY, and KOBES, Circuit Judges.

____________

PER CURIAM.
Nellie Baldridge appeals the district court’s1

 order affirming the denial of

disability insurance benefits. We agree with the district court that substantial

evidence in the record as a whole supports the adverse decision. See Schwandt v.

Berryhill, 926 F.3d 1004, 1008 (8th Cir. 2019) (standard of review).

We find that the administrative law judge (ALJ) adequately considered whether

Baldridge’s migraines medically equaled listing 11.02, see Vance v. Berryhill, 860

F.3d 1114, 1118 (8th Cir. 2017) (ALJ’s failure to address specific listing or to

elaborate on conclusion that claimant’s impairments do not meet listings is not

reversible error if record supports conclusion). We also find that the ALJ properly

determined Baldridge’s residual functional capacity (RFC). Specifically, the ALJ

properly discounted Baldridge’s subjective complaints, see Bryant v. Colvin, 861

F.3d 779, 782-83 (8th Cir. 2017) (ALJ properly considered claimant’s daily activities

and history of working with condition in discounting complaints); Milam v. Colvin,

794 F.3d 978, 985 (8th Cir. 2015) (ALJ properly considered plaintiff’s conservative

treatment in discrediting complaints), and her treating physician’s opinions, see Julin

v. Colvin, 826 F.3d 1082, 1089 (8th Cir. 2016) (where ALJ did not credit claimant’s

allegations, he was entitled to discount physician’s opinions that relied on those

allegations); McCoy v. Astrue, 648 F.3d 605, 615 (8th Cir. 2011) (ALJ may discredit

physician’s opinion because opinion was not based on all relevant medical evidence);

and substantial evidence supported the RFC determination, see Despain v. Berryhill,

926 F.3d 1024, 1028-29 (8th Cir. 2019) (ALJ’s evaluation of treatment notes,

claimant’s course of treatment, claimant’s daily activities, and consultant’s opinions

constituted substantial evidence supporting RFC determination); Wildman v. Astrue,

596 F.3d 959, 969 (8th Cir. 2010) (ALJ did not err by declining to include in RFC

1The Honorable Patricia S. Harris, United States Magistrate Judge for the

Eastern District of Arkansas, to whom the case was referred for final disposition by

consent of the parties pursuant to 28 U.S.C. § 636(c).

-2-
limitations based on claimant’s allegations that he found not credible, or limitations

from physicians’ opinions he properly disregarded).

The judgment is affirmed.

______________________________

-3-
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of February 1, 2016, byand among WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as General Master Servicer RIALTO CAPITALADVISORS, LLC, as General Special Servicer, NATIONAL COOPERATIVE BANK, N.A., ASNCB Master Servicer and as NCB Special Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION,as Certificate Administrator, WILMINGTON TRUST, NATIONAL ASSOCIATION, asTrustee and PENTALPHA SURVEILLANCE LLC as Operation Advisor and as AssetRepresentations Reviewer with respect to Commercial Mortgage Pass-ThroughCertificates  Series 2016-C32 (the "Agreement"). Capitalizedterms used herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section 11.09 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that:

 

1. A review of the activitiesof the General Master Servicer during the period from February 1, 2016 throughDecember 31, 2016 (the “Reporting Period”),  and of itsperformance per the Agreement during such period has been made under my supervision,and 

 

2. To the best of myknowledge, based on such review, the  General Master Servicer, hasfulfilled all of its obligations under this Agreement in all material respectsthroughout the Reporting Period.

  

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President 

Wells Fargo Bank

 

  

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
#### Evelyn Linton, nee Evelyn Ellison, et al. *v.*United States

No. 7397.

Invoices dated Guadalajara, Jal., Mexico, October 10, 1944, etc.

Certified October 10, 1944, etc.

Entered at San Antonio, Tex., October 28, 1944, etc.

Entry Nos. 213-S; 260-S; 377-S.

(Decided October 7, 1947)

*Leslie Byrd; John P. Biles; Jesse H. Oppenheim; (John P. Biles*of counsel), for the plaintiffs.

*Paul P. Rao,*Assistant Attorney General *(Richard H. Welsh,*special attorney), for the defendant.

Cline, Judge:

These are appeals for reappraisement of silver cigarette lighters and silver jewelry imported from Mexico.

When the case was called for trial, plaintiffs’ attorney stated that he had been unable to contact his client; that he had not been able to obtain certain evidence from Mexico essential to the conduct of the case; and that a witness whom he hoped would be present was unavailable. The attorney for the Government then stated:

> We have come here to try this case at least twice, and I have been informed that will probably be the same situation over and over again. I believe that under the circumstances if this case is continued it would be unjustified, and I would, therefore, object to it, and move that the cases be submitted.

The cases were therefore marked submitted. There is nothing in the record to overcome the presumption of correctness attaching to the appraiser’s action. I find, therefore, that the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930, is the proper basis for the determination of the value of the merchandise here involved and that such values are the appraised values.

Judgment will be rendered accordingly.
<PAGE>
                                                                    Exhibit 32.1


                             TRANS-INDUSTRIES, INC.


                    CERTIFICATION OF CEO AND CFO 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 on Form 10-Q of Trans-Industries, Inc.
(the "Company") for the quarterly period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Dale S.
Coenen, as Chief Executive Officer of the Company, hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:


(1)     The report fully complies with the requirements of Section 13(a) or
        15(b) 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 the
        Company.




/s/ Dale S. Coenen
-------------------------------------------------------------------------------

Name: Dale S. Coenen
Title: Chief Executive Officer
Date: August 14, 2003




This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Paragraph 18 of the Securities Exchange Act of 1934, as amended.

See also the certification pursuant to Sec. 302 of the Sarbanes-Oxley Act of
2002, which is also attached to this Report.
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### FEB 19 1999 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

KYLE WILSON FORNEY,

Plaintiff - Appellant,

v. STATE OF OKLAHOMA; JOHN DOE, Assistant District Attorney; JANE DOE, Assistant District Attorney, Defendants - Appellees. No. 98-6334 (D. Ct. No. CV-98-499-T) (W.D. Okla.)

ORDER AND JUDGMENT *

Before TACHA , McKAY , and MURPHY , Circuit Judges.
After examining the briefs and the appellate record , this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered sub mitted without oral argument. This appeal is from an order of the district court dismissing plaintiff’s pro- 2 -

se complaint filed pursuant to 42 U.S.C. § 1983 forfailure to state a claim. Plaintiff argues that the district court erred in f inding that his complaint did not allege a violation of his civil rights and was friv olous. Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging various violations of his civil rights in connection with apending prosecution for the crime of false declaration to a pawn broker. Plain tiff is apparently a pre-trial detainee in the Oklahoma County Detention Center. Insofar as the record in this case shows, plaintiff has not yet been tried on that pending prosecution. The magistrate judge clearly construed the complaint li berally and reviewed thoroughly the allegations in plaintiff’s pro se co mplaint. We agree with the district court that the claims asserted lack an arg uable basis in law or fact and fail to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(1). We therefore dismiss the petition and deny the moti on for leave to proceed in forma pauperis. The appeal is dismissed. ENTERED FOR THE COURT,

Deanell Reece Tacha Circuit Judge
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 2166** 

STACEY HAILEY , Plaintiff

- Appellant ,
v. PATRICK R. DONAHOE, Postmaster General & Chief Executive Officer, United States Postal Service , Defendant

- Appellee
.

Appeal from the United States District Court for the Western District of Virginia , at Lynchburg
. Norman K. Moon , Senior District Judge. ( 6:11

- cv - 00022

- NKM

- RSB )

Submitted : December 13 , 2012 Decided: December 18, 2012

Before MOTZ, WYNN , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
. Stacey Hailey, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circu it.2 PER CURIAM: Stacey Hailey appeals the district court ’ s order denying relief on his claims of employment discrimination. We have reviewed the record and find no reversible error. Accordingly, we grant Hailey’s application to proceed in forma pauperi s and affirm for the reasons stated by the district
court. Hailey v. Donahoe , No. 6:11

- cv - 00022

- NKM

- RSB (W.D. Va. July 30, 2012) . We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before this court and argument would not aid the decisional process.
AFFIRMED
Case: 2:12-cv-01192-EAS-EPD Doc #: 57 Filed: 11/15/13 Page: 1 of 1  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-08T16:48:46-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
III 

109TH CONGRESS 

2D SESSION S. RES. 440 

Congratulating and commending the members of the United States Olympic 

and Paralympic Teams, and the United States Olympic Committee, for 

their success and inspired leadership. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2006 

Mr. ALLARD (for himself and Mrs. DOLE) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Congratulating and commending the members of the United 

States Olympic and Paralympic Teams, and the United 

States Olympic Committee, for their success and inspired 

leadership. 

Whereas athletes of the United States Winter Olympic Team 

captured 9 gold medals, 9 silver medals, and 7 bronze 

medals at the Olympic Winter Games in Torino, Italy; 

Whereas the total number of medals won by the competitors 

of the United States placed the United States ahead of 

all but 1 country, Germany, in total medals awarded to 

teams from any 1 country; 

Whereas the paralympic athletes of the United States captured 7 gold medals, 2 silver medals, and 3 bronze medals at the Paralympic Winter Games, which were held imVerDate Aug 31 2005 04:03 Apr 11, 2006 Jkt 049196 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR440.ATS SR440

CCOLEMAN on PROD1PC71 with BILLS
2 

•SRES 440 ATS

mediately after the Olympic Winter Games in Torino, 

Italy; 

Whereas the total medal count for the United States Winter 

Paralympic Team ranked the team 7th among all participating teams; 

Whereas members of the United States Winter Olympic 

Team, such as skater Joey Cheek, who donated his considerable monetary earnings to relief efforts in Darfur, 

Sudan, and skier Lindsey Kildow, who exhibited considerable courage by returning to the field of competition only 

days after a painful and horrendous accident, demonstrated the true spirit of generosity and tenacity of the 

United States and the Olympic Winter Games; and 

Whereas the leadership displayed by United States Olympic 

Committee Board Chairman Peter Ueberroth and Chief 

Executive Officer Jim Scherr has helped transform the 

committee into an organization that— 

(1) upholds the highest ideals of the Olympic movement; and 

(2) discharges the responsibilities of the committee 

to the athletes and the citizens of the United States in 

the manner that Congress intended when it chartered the 

committee in 1978: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) commends and congratulates the members 

3 of the 2006 United States Winter Olympic and 

4 Paralympic Teams; 

5 (2) expresses its appreciation for the firm, in6 spired, and ethical leadership displayed by the 

7 United States Olympic Committee; and 


CCOLEMAN on PROD1PC71 with BILLS
3 

•SRES 440 ATS

1 (3) extends its best wishes and encouragement 

2 to those athletes of the United States and their nu3 merous supporters who are preparing to represent 

4 the United States at the 2008 Olympic Games, 

5 which are to be held in Beijing, China. 

Æ 


CCOLEMAN on PROD1PC71 with BILLS
# Official Journal C 152A/9 Ju

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 152A |
| | |
| English edition | Information and Notices | Volume 479 June 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 152A

English edition

Information and Notices

Volume 479 June 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Notices |
| | European Centre for the Development of Vocational Training |
| 2004/C 152A/1 | | 1 |

Notice No

Contents

page

III   Notices

European Centre for the Development of Vocational Training

2004/C 152A/1

1

---

| EN | |
| --- | --- |

EN
Electronically Filed

Intermediate Court of Appeals

CAAP-11-0000605

25-SEP-2013

08:40 AM
* District Judge for the Eastern District of Texas, sitting by

designation.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 91-3766

_____________________

BETTY U. CHIASSON,

Plaintiff-Appellant,

VERSUS

ZAPATA GULF MARINE CORPORATION,

Defendant-Appellee.

________________________________________________

Appeals from the United States District Court

for the Eastern District of Louisiana

________________________________________________

(September 17, 1993)

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion 03/31/93, 5 Cir., 1993, 988 F.2d 513)

Before JONES, and BARKSDALE, Circuit Judges, and JUSTICE*, District

Judge.

PER CURIAM:

The Petition for Rehearing is DENIED and no member of this

panel nor Judge in regular active service on the Court having

requested that the Court be polled on rehearing en banc, (Federal

Rules of Appellate Procedure and Local Rule 35) the Suggestion for

Rehearing En Banc is DENIED. Petitioner and amici read our opinion

too broadly. We simply hold that the surveillance evidence should

have been disclosed during discovery because it was not used solely

for impeachment as the local rule requires. The impeaching value

of the evidence was minimal, whereas the evidence was probative on
a central substantive issue in the case -- plaintiff's physical

condition.
# C_2008324EN.01001101.xml

| 19.12.2008 | EN | Official Journal of the European Union | C 324/11 |
| --- | --- | --- | --- |

19.12.2008

EN

Official Journal of the European Union

C 324/11

---

Communication from the Commission to all farmers concerning set aside from 2009

(2008/C 324/07)

The Commission wishes to draw the attention of all Community farmers to the fact that on 20 November 2008 the Council reached political agreement on a Presidency compromise (1) on the Health Check proposal (COM(2008) 306 final (2)).

1

2

In particular, the Council agreed to abolish, with effect from 1 January 2009, set-aside requirements as laid down in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (3).

3

Therefore, from that date, farmers will definitively (4) not be obliged to set aside land from production in order to be entitled to the amounts provided for under direct payments.

4

The adoption and publication in the Official Journal of the legal text abolishing set aside will, however, only take place after 1 January 2009.

In order to inform farmers of the upcoming situation, the Commission already published a Communication in the Official Journal (2008/C 186/06) (5).

5

---

(1)  Council document 16049/08: see: http://www.consilium.europa.eu

1

(2)  COM(2008) 306: Proposal for a Council Regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers; proposal for a Council Regulation on modifications to the common agricultural policy by amending Regulations (EC) No 320/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No [...]/2008; proposal for a Council Regulation amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

2

(3)  OJ L 270, 21.10.2003, p. 1.

3

(4)  See already Council Regulation (EC) No 1107/2007 of 26 September 2007 derogating from Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as regards set aside for the year 2008 (OJ L 253, 28.9.2007, p. 1) by which the rate for compulsory set aside was set at zero in 2008.

4

(5)  OJ C 186, 23.7.2008, p. 8.

5

---
J.

oath that he read, understood, and signed the written plea agreement; understood his rights and voluntarily waived them; and understood the nature of the charges against him, the associated penalties, and the consequences of pleading guilty. The district court further found that Hernandez's testimony at the hearing on his motion was incredible; Hernandez did not met his burden to show that the guilty plea was invalid; and the totality of the circumstances demonstrated that Hernandez entered his plea intelligently, knowingly, and voluntarily.

The record on appeal supports the district court's factual findings, and we conclude that Hernandez has failed to demonstrate that the district court abused its discretion by denying his presentence motion to withdraw his guilty plea. See id. (defendant bears the burden of proving that his plea is invalid). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

cc: Hon. Richard Wagner, District Judge Pershing County Public Defender Attorney General/Carson City Pershing County District Attorney Pershing County Clerk

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