alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The 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

OCT 15 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JOE JOHNSON, JR, 

Plaintiff - Appellant, No. 98-6225

v. (D.C. No. 98-CV-379)

JAMES L. SAFFLE; STEVE

HARGETT; and DELORES RAMSEY, 

(W.D. Okla.)

Defendants - Appellees.

 

ORDER AND JUDGMENT*

Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

After examining Plaintiff-Appellant’s brief and the appellate record, this

panel has determined unanimously that oral argument would not materially assist

the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. 

The case is therefore ordered submitted without oral argument.

Plaintiff, a pro se state prisoner, appeals the district court’s dismissal of his

42 U.S.C. § 1983 action. Plaintiff filed a section 1983 action claiming that

Defendants violated his constitutional rights by prohibiting smoking except in
-2-

certain designated areas in the prison facility in which he is confined. 

Specifically, he contends that the “no smoking” policy amounts to cruel and

unusual punishment under the Eighth Amendment, deprives him of due process

and equal protection under the First, Fifth, and Fourteenth Amendments, and

violates an Oklahoma statute. In his Report and Recommendation filed April 16,

1998, the magistrate judge recommended that Plaintiff’s complaint be dismissed

as frivolous and for failure to state a claim under 28 U.S.C. § 1915A. After

considering Plaintiff’s objections, the district court adopted the magistrate judge’s

recommendation and dismissed Plaintiff’s action.

After reviewing the record and Plaintiff’s arguments on appeal, we affirm

the district court’s dismissal of Plaintiff’s section 1983 action for substantially

the same reasons set forth by the magistrate judge and adopted by the district

court in its Order filed May 12, 1998.

AFFIRMED and DISMISSED.

Entered for the Court

Monroe G. McKay

Circuit Judge
#### STATE of Louisiana v. Pat DAVIS.

No. 61455.

Supreme Court of Louisiana.

Jan. 30, 1978.

In re: Pat Davis, applying for writs of certiorari, prohibition and mandamus. Parish of E. Baton Rouge.

Writ denied. •

TATE, J.

The defendant is entitled to full review of assignments of error as to adverse ruling on motions and objected to rulings. His remedy is to apply for supervisory relief as to his conviction and sentence pursuant to La. Supreme Court Rule 10, Section 5(a)(10) and 5(b) and to request a delay and stay from the trial court. I concur in the denial of the present application, which as I understand it is primarily based on its procedural inappropriateness and deficiencies and not on the merits.

DENNIS, J., concurs in denial of the writ for the reasons stated by Tate, J.
ex10-92.htm


Exhibit 10.92

 

EXTENSION OF MATURITY DATE OF WARRANTS

 

This Extension of Maturity Date of Warrants (“Extension”) is by and between the individual or entity named on the executed counterpart of the signature page hereto (such signatory is referred to as “Holder”) and OmniComm Systems, Inc., a Delaware corporation (“Maker”) and is entered into as of the day the Holder executes a copy of this Extension.

 

WHEREAS, Maker has delivered to Holder that certain 12% Promissory Note of the Maker (“Promissory Note”) dated April 04, 2014 in the aggregate to the Holder in the principal of $1,600,000. 

 

WHEREAS, the Maturity Date of the Promissory Note, as that term is defined in the Promissory Note, was April 01, 2017, and all principal due thereunder remains unpaid as of the date hereof.

 

WHEREAS, the parties have agreed to extend the Maturity Date of the Promissory Note to January 01, 2019.

 

WHEREAS, Holder has all requisite power, authority, and capacity to enter into this Extension and to extend the Maturity Date of the Warrants.

 

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, Holder and the Maker hereby agree as follows:

 

	 	
1.
	
Recitals. The foregoing recitals are true and correct.



 

	 	
2.
	
No Other Changes. Except as specifically set forth herein, all other terms and conditions of the Promissory Note remain in full force and effect.



 

	 	
3.
	
Warrants Extension. Maker hereby agrees to extend the expiration date on the Warrants issued in connection with the $1,600,000 of principal from the Promissory Note on April 04, 2014, which were originally scheduled to expire on April 01, 2017. The new expiration date is January 01, 2019.



 

IN WITNESS WHEREOF, this Extension of Maturity Date of the Warrants associated with the Promissory Note is executed as of the day and date the Holder executes a copy of this Extension.

 

	
 
	
OmniComm Systems, Inc.
	
 

	 	 	 	 
	 	 	 	 
	 	By:	/s/ Thomas E. Vickers	 
	
 
	
 
	
Thomas E. Vickers
	
 

	
 
	
 
	
Chief Financial Officer
	
 



 

 

[HOLDERS SIGNATURE PAGE FOLLOWS]

 


 

 




 


Exhibit 10.92 

 

 

IN WITNESS WHEREOF, the undersigned represents that it has caused this extension of Maturity Date of Warrants to be duly executed on its behalf (if an entity, by one of its officers thereunto duly authorized) as of the date written below.

 

 

	
 
	
HOLDER:
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	 	Cornelis F. Wit	 
	 	Printed Name of Holder	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	By:	/s/ Cornelis F. Wit	 
	 	(Signature of Holder or Authorized Person)	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	Printed Name and Title if Authorized Person	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	October 15, 2015	 
	 	Date
#### James Herbert LACEY, Appellant, v. STATE of Florida, Appellee.

No. 69-311.

District Court of Appeal of Florida. Second District.

Oct. 8, 1969.

*91Walter R. Talley, Public Defender and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.

LILES, Acting Chief Judge.

Appellant appeals from the order denying his third motion to vacate and set aside sentence pursuant to CrPR 1.850, 33 F.S.A. Appellant was indicted by the grand jury for first degree murder. He was found guilty by the jury and sentenced to life imprisonment. Since that time he has filed three motions to vacate and set aside judgment under Rule 1.850, each of which was denied by the trial court. One of the orders denying his motion to vacate and set aside judgment and sentence has previously been appealed and affirmed by this court, 216 So.2d 522, thus making this the third Rule 1 motion and the second appeal to this court.

After a thorough study of the record it appears that the same facts alleged by petitioner have previously been ruled upon three times by the trial court. We know of no way to prevent appellant from continuing to file Rule 1 motions since he has the rest of his natural life in Raiford to do so. However, we hope that he feels as we do that he has had his day in court, has received a fair trial, and has had his motions to dismiss and vacate impartially reviewed. It is hoped that he will not see fit to continue filing these motions for the rest of his life.

The order denying appellant relief is hereby affirmed.

PIERCE and MANN, JJ., concur.
EXHIBIT 23.1


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Numbers 33-92708, 33-97050, 333-07631, 333-07641,
33-97048, 333-31913, 333-31915, and 333-00150) and in the Prospectuses
constituting part of the Registration Statements on Form S-3 (numbers 333-16079,
333-24261, and 333-24333) of HealthPlan Services Corporation of our report dated
March 19, 1999, appearing on page F-1 of this Form 10-K.


/s/ PRICEWATERHOUSECOOPERS LLP
PricewaterhouseCoopers LLP
Tampa, Florida
March 29, 1999
#### Wiley L. JOHNSON v. LAUREL FEDERAL SAVINGS AND LOAN ASSOCIATION and Kalford C. Ratcliff, Trustee.

No. 49756.

Supreme Court of Mississippi.

Nov. 23, 1977.

George L. Phillips, Hattiesburg, for appellant.

Pack, Ratcliff & Thaxton, Kalford C. Ratcliff, Laurel, for appellees.

Appeal from Chancery Court, Jones County; J. Shannon Clark, Chancellor.

Before SMITH, P. J., and LEE and BOWLING, JJ.

AFFIRMED.
#### Ex parte EMPLOYERS LIFE INSURANCE COMPANY.

77-749.

Supreme Court of Alabama.

Sept. 29, 1978.

JONES, Justice.

WRIT DENIED.

TORBERT, C. J., and MADDOX, SHORES and BEATTY, JJ., concur.
[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Page 46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23490]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970613138-7138-01; I.D. 082897B]


Fisheries of the Exclusive Economic Zone Off Alaska; Scallop 
Fishery; Closure in Registration Area H

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing the scallop fishery in Registration Area H 
(Cook Inlet). This action is necessary to prevent exceeding the scallop 
total allowable catch (TAC) in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 29, until 
2400 hrs, A.l.t., June 30, 1998.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The scallop fishery in the exclusive 
economic zone off Alaska is managed by NMFS according to the Fishery 
Management Plan for the Scallop Fishery off Alaska (FMP) prepared by 
the North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Fishing for 
scallops is governed by regulations appearing at subpart F of 50 CFR 
part 600 and 50 CFR part 679. In accordance with Sec. 679.62(b) the 
1997 scallop TAC for Registration Area H (Cook Inlet) was established 
by the Final 1997-98 Harvest Specifications of Scallops (62 FR 34182, 
June 25, 1997) as 28,000 lb (12,701 kg) shucked meat.
    The Administrator, Alaska Region, NMFS, has determined, in 
accordance with 679.62(c), that the scallop TAC for Registration Area H 
(Cook Inlet) has been reached. Therefore, NMFS is prohibiting the 
taking and retention of scallops in Registration Area H (Cook Inlet).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent overharvesting the 1997 TAC for Registration Area H (Cook 
Inlet). Providing prior notice and an opportunity for public comment is 
impracticable and contrary to public interest. The fleet has taken the 
1997 TAC for Registration Area H (Cook Inlet). Further delay would only 
result in overharvest of the 1997 TAC. NMFS finds for good cause that 
the implementation of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is 
hereby waived.
    This action is required by Sec. 679.62 and is exempt from review 
under E.O. 12866.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 28, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-23490 Filed 8-29-97; 3:41 pm]
BILLING CODE 3510-22-F
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Home                 > Browse by Title > Employment Outlook in the Building Trades

              																	Findlay, Alexander C.					 and 	United States. Veterans Administration. 						*Employment Outlook in the Building Trades : Bulletin of the United States Bureau of Labor Statistics, No. 967*,												Washington: 								[U.S. Govt. Print. Off.], 										1949,									https://fraser.stlouisfed.org/title/4383,			accessed on September 6, 2024.						    

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[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Page 44892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22553]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558


New Animal Drugs for Use in Animal Feeds; Bacitracin Methylene 
Disalicylate and Chlortetracycline; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is correcting a final 
rule that appeared in the Federal Register of March 19, 1997 (62 FR 
12951) that amended the animal drug regulations to reflect approval of 
a supplemental new animal drug application (NADA) filed by Alpharma 
Inc. The document stated incorrectly that bacitracin methylene 
disalicylate and chlortetracycline Type B feeds were included in the 
approval. This document corrects that error.

EFFECTIVE DATE: March 19, 1997.

FOR FURTHER INFORMATION CONTACT: David L. Gordon, Center for Veterinary 
Medicine (HFV-6), Food and Drug Administration, 7500 Standish Pl., 
Rockville, MD 20855, 301-594-1739.

    In FR Doc. 97-6876, appearing on page 12951, in the Federal 
Register of Wednesday, March 19, 1997, the following correction is 
made:
    1. On page 12951, in the third column under the ``SUMMARY''caption, 
in line 9, ``Types B and C'' is corrected to read ``Type C''.

    Dated: August 12, 1997.
Michael J. Blackwell,
Deputy Commissioner for Veterinary Medicine.
[FR Doc. 97-22553 Filed 8-22-97; 8:45 am]
BILLING CODE 4160-01-F
II 

109TH CONGRESS 

1ST SESSION S. 1901 

To designate the facility of the United States Postal Service located at 

567 Tompkins Avenue in Staten Island, New York, as the ‘‘Vincent 

Palladino Post Office’’. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2005 

Mr. SCHUMER (for himself and Mrs. CLINTON) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To designate the facility of the United States Postal Service 

located at 567 Tompkins Avenue in Staten Island, New 

York, as the ‘‘Vincent Palladino Post Office’’. 

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

3 SECTION 1. VINCENT PALLADINO POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 567 Tompkins Avenue in Staten 

6 Island, New York, shall be known and designated as the 

7 ‘‘Vincent Palladino Post Office’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 
2 

•S 1901 IS

1 States to the facility referred to in subsection (a) shall 

2 be deemed to be a reference to the ‘‘Vincent Palladino 

3 Post Office’’. 

Æ
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AU GUST 18, 2015

NO. 03

- 14

- 00636

- CV

Shaine Carl Cagle, Appellant

v.

Donna Gail Andrews, Appellee

APPEAL FROM COUNTY COURT AT LAW OF BURNET COUNTY

BEFORE CHIEF JUSTICE ROSE, JUST ICES PEMBERTON AND F IELD

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

This is an appeal from the decree signed by the tr i a l court on July 11, 2014. Having reviewed

the record and the p arties’ arguments, the C ourt holds that there was no reversible error in the

trial court’s decree . Therefore, the C ourt affirms the trial court’s decree

. Because appellant is

indigent and unable to pay costs, no adjudication of costs is made.
****Scheduled Agency Reports and Summaries**USDA Economics and Statistics System August 1998**
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

ZACHARY ETKA, :

Plaintiff :

CIVIL ACTION NO. 3:15-1677

v. :

 (Judge Mannion)

MICHAEL ADAMS, et al., :

Defendants :

ORDER

For the reasons set forth in the Memorandum of this date, IT IS

HEREBY ORDERED THAT:

1. Plaintiff’s motion to proceed in forma pauperis (Doc.

2) is GRANTED solely for the purpose of filing the

complaint.

2. Plaintiff’s motion to amend (Doc. 4), filed before

service was effectuated, is GRANTED. Plaintiff’s

amended complaint (Doc. 5) is accepted as filed.

3. Plaintiff’s amended complaint (Doc. 5) is DISMISSED

without prejudice as legally frivolous pursuant to 28

U.S.C. §1915(e)(2)(B)(i).

4. The Clerk of Court is directed to CLOSE this case.

5. Any appeal from this Order will be deemed frivolous,

without probable cause and not taken in good faith.

s/ Malachy E. Mannion 

MALACHY E. MANNION

United States District Judge

DATE: February 3, 2016

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-1677-01-ORDER.wpd

Case 3:15-cv-01677-MEM-DB Document 9 Filed 02/03/16 Page 1 of 1
EXHIBIT 32(b)

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. §
1350

In connection with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 of Citizens
Holding Company (the Company), as filed with the Securities Exchange Commission on the date hereof (the Quarterly Report), I, Robert T. Smith, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | the Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |  |  |                                      
|---------------------- |  |  |  |  |  | -------------------------------------
|Date: November 4, 2009 |  |  |  |  |  | /s/ Robert T. Smith                  
|                       |  |  |  |  |  | Robert T. Smith                      
|                       |  |  |  |  |  | Treasurer and Chief Financial Officer
Exhibit 32

                           MOTORSPORTS EMPORIUM, INC.
                              A Nevada corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of MotorSports Emporium,  Inc. (the
"Company") on Form 10-QSB for the quarter ended September 30, 2005 is filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
David Keaveney, Chief Executive Officer,  President and Chief Financial Officer,
certify,  pursuant to 18 U.S.C.  SS 1350,  as adopted  pursuant to SS 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1) The Report fully  complies  with the  requirements  of section 13(a) or
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 the
Company.

     A signed  original of this  written  statement  required by Section 906, or
other  document  authentication,   acknowledging,   or  otherwise  adopting  the
signature  that  appears in typed from  within  the  electronic  version of this
written  statement  required by Section  906, has been  provided to  MotorSports
Emporium,  Inc., and will be retained by MotorSports Emporium Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.


Dated: November 14, 2005                            /s/ David Keaveney
      ------------------                            ----------------------------
                                                By:  David Keaveney
                                                Its: Chief Executive Officer,
                                                     President and
                                                     Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KAMAL JAMAI, : CIVIL NO. 3:15-CV-1756

:

Petitioner, :

: (Judge Munley) 

v. :

:

SARAH SALDANA, et al., :

:

Respondents :

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

 ORDER

AND NOW, to wit, this 16th day of October 2015, upon consideration of the petition

for writ of habeas corpus (Doc. 1), and in accordance with the Court’s Memorandum of this

date, it is hereby ORDERED that:

1. The petition for writ of habeas corpus is DENIED without prejudice.

3. The Clerk of Court is directed to CLOSE this case. 

BY THE COURT:

s/James M. Munley

JUDGE JAMES M. MUNLEY

United States District Court

Case 3:15-cv-01756-JMM-EBC Document 5 Filed 10/16/15 Page 1 of 1
EXHIBIT 32

CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Bellows Acquisition Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-QSB for the period ended March 31,
2004 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

A signed original of this written statement required by Section
906 has been provided to the Company and will be retained by
the Company and furnished to the Securities and Exchange
Commission or its staff upon request.


                             /s/ James M. Cassidy
                                 President and Director and
                                 Chief Executivie Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer
Date:  November 12, 2004