alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 March 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-60832 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CHARLES DEAN BRYANT, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 2:03-CR-6-1-PG

-------------------- ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES Chief Judge, and HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM: * In July 2004, this court granted the Government’s motion to dismiss the appeal as waived pursuant to a provision in the plea agreement of defendant-appellant Charles Dean Bryant. The Supreme Court has vacated and remanded for further consideration in light of United States v. Booker , 543 U.S. 220 (2005). We review de novo whether a waiver provision bars an appeal. United States v. Baymon , 312 F.3d 725, 727 (5th Cir. 2002). WeNo. 03-60832 -2- determine whether the waiver was knowing and voluntary and whether the waiver applies to the circumstances at issue. United States v. Bond , 414 F.3d 542, 544 (5th Cir. 2005). The record reflects that Bryant knowingly and voluntarily waived his right to appeal his sentence “on any ground whatsoever.” See United States v. Cortez , 413 F.3d 502, 503 (5th Cir. 2005); United States v. McKinney , 406 F.3d 744, 746 (5th Cir. 2005); F ED . R. CRIM . P. 11(b)(1)(N). Because Bryant’s sentence did not exceed the statutory maximum, we DISMISS the appeal as barred by the waiver contained in Bryant’s plea agreement.
```
[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Page 47520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23967]

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

LEGAL SERVICES CORPORATION

Sunshine Act Meeting of the Board of Directors Finance Committee

TIME AND DATE: The Finance Committee of the Legal Services 
Corporation's Board of Directors will meet on September 19, 1997. The 
meeting will begin at 9:30 a.m. and continue until conclusion of the 
committee's agenda.

LOCATION: Legal Services Corporation, 750 First Street NE.--10th Floor, 
Washington, DC 20002.

STATUS OF MEETING: Open.

MATTERS TO BE CONSIDERED:

1. Approval of agenda.
2. Approval of the minutes of the committee's meeting of July 13, 1997.
3. Review of Corporation's FY '97 budget and expenses through July 31, 
1997.
4. Review projected expenses for the remainder of FY '97 and act on the 
Corporation President's and Inspector General's recommendations for:
    a. Internal budgetary adjustments.
    b. Consolidated Operating Budget (``COB'') reallocations.
5. Consider and act on temporary COB for FY '98.
6. Consider and act on an LSC budget mark for FY '99.
7. Consider and act on other business.
8. Public comment.

CONTACT PERSON FOR INFORMATION: Victor M. Fortuno, General Counsel and 
Secretary of the Corporation, at (202) 336-8810.
    Special Needs: Upon request, meeting notices will be made available 
in alternate formats to accommodate visual and hearing impairments. 
Individuals who have a disability and need an accommodation to attend 
the meeting may notify Jean Edwards at (202) 336-8811.

    Dated: September 5, 1997.
Victor M. Fortuno,
General Counsel.
[FR Doc. 97-23967 Filed 9-5-97; 12:38 pm]
BILLING CODE 7050-01-P
```
#### STATE of Louisiana ex rel. Lawrence WATKINS v. Hayden J. DEES, Warden, Dixon Correctional Institute.

No. 61791.

Supreme Court of Louisiana.

March 27, 1978.

In re: Lawrence Watkins, applying for writ of certiorari. Parish of Orleans.

Granted. The application is remanded to the trial court to consider the allegation of ineffective counsel. In view of the decision on appeal in *State v. Watkins,*La., 345 So.2d 45, the prayer for an out of time appeal is moot.
#### STATE of Louisiana v. Joseph BROCK.

No. 60512.

Supreme Court of Louisiana.

Sept. 2, 1977.

In re: Joseph Brock applying for remedial writ and stay order.

Writ Denied: No merit to the contention.
#### TWELVE-TWELVE CORPORATION, a Florida corporation, Appellant, v. R. R. (Bob) WALDEN, as Tax Assessor of Hillsborough County, Florida, Anthony Schleman, as Tax Collector of Hillsborough County, Florida, and Fred O. Dickinson, as Comptroller of the State of Florida, Appellees.

Nos. 69-304, 69-305.

District Court of Appeal of Florida, Second District.

March 11, 1970.

Rehearing Denied April 14, 1970.

William E. Thompson and Paul Kickliter, Tampa, for appellant.

William Terrell Hodges of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee, tax assessor.

John W. McWhirter of Cason, Hawkins, McWhirter & Henderson, Tampa, for ap-pellees, tax collector and comptroller.

McNULTY, Judge.

Appellant brought suit to contest the validity of the assessment of its properties *195in Hillsborough County. It directly appeals from an adverse judgment.

Appellant’s main complaint is the method of assessment, i. e., the “block method”, used by appellee Tax Assessor in assessing the subject property. However, the record is replete with evidence from which the court could, and manifestly did, find that the “block method” is an acceptable and recognized technique of evaluating properties for taxation purposes;1 and appellant has not demonstrated that the trial court erred in rejecting appellant’s contention that its suggested method of evaluation was not employed instead of the method used in fact.

Accordingly, the judgment appealed from should be, and it is, affirmed.

Affirmed.

LILES, A. C. J., concurs.

PIERCE, J., dissents.

1

. *G.*/., R. H. James, Inc. et al. v. Anderson et al. (Fla.App.2d 1964), 165 So.2d 829; and Osborn v. Yeager (Fla.App.2d 1963), 155 So.2d 742.
Exhibit32.1

 

CERTIFICATIONPURSUANT TO 18 U.S.C.SECTION 1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of VillageEDOCS (the "Company") onForm 10-QSB for the three months ended September 30, 2004 as filed with the Securities and Exchange Commissionon the date hereof (the "Report"), the undersigned certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that::

(1)The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)The information contained in the Quarterly Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

| Date:  November 15, 2004                                                    | /s/ K. Mason Conner                   |
|---------------------------------------------------------------------------------------|---------------------------------------|
|           ------------------------- | ------------------------------------  |
|                                                                                  | President and Chief Executive Officer |

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BYSECTION 906, OR OTHER DOCUMENT AUTHENTICATING, ACKNOWLEDGING, OR OTHERWISEADOPTING THE SIGNATURE THAT APPEARS IN TYPED FORM WITHIN THE ELECTRONIC VERSIONOF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906, HAS BEEN PROVIDED TOVILLAGEEDOCS AND WILL BE RETAINED BY VILLAGEEDOCS AND FURNISHED TO THESECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
**Exhibit
32**
 ****
 ****
 **CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002**
 
 In
connection with the Quarterly Report of Inform Worldwide Holdings, Inc., a
Colorado corporation, (the “Company”) on Form 10-QSB for the quarter ended
December 31, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Randy W. Betts, Chief Executive Officer, Chief
Financial Officer and Secretary of the Company, certify the following pursuant
to Section 18, U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002:
 
 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.
 
 
 **INFORM WORLDWIDE HOLDINGS,
      INC.**Date: February 18, 2005
    By:
    /s/Randy W. BettsRandy W. BettsTitle: Chief Executive Officer, Chief Financial Officer
      and Secretary
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsDesign of fuselage shapes for natural laminar flowRecent technological advances in airplane construction techniques and materials allow for the production of aerodynamic surfaces without significant waviness and roughness, permitting long runs of natural laminar flow (NLF). The present research effort seeks to refine and validate computational design tools for use in the design of axisymmetric and nonaxisymmetric natural-laminar-flow bodies. The principal task of the investigation involves fuselage body shaping using a computational design procedure. Analytical methods were refined and exploratory calculations conducted to predict laminar boundary-layer on selected body shapes. Using a low-order surface-singularity aerodynamic analysis program, pressure distribution, boundary-layer development, transition location and drag coefficient have been obtained for a number of body shapes including a representative business-aircraft fuselage. Extensive runs of laminar flow were predicted in regions of favorable pressure gradient on smooth body surfaces. A computational design procedure was developed to obtain a body shape with minimum drag having large extent of NLF.Document ID19860014381Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsDodbele, S. S.*(Vigyan Research Associates, Inc. Hampton, VA, United States)*Vandam, C. P.*(Vigyan Research Associates, Inc. Hampton, VA, United States)*Vijgen, P. M. H. W.*(Kansas Univ., Lawrence Lawrence, Kas., United States)*Date AcquiredSeptember 5, 2013Publication DateMarch 1, 1986Publication InformationPublisher: NASASubject CategoryFluid Mechanics And Heat TransferReport/Patent NumberNASA-CR-3970NAS 1.26:3970Accession Number86N23852Funding Number(s)CONTRACT_GRANT: NAS1-17926PROJECT: RTOP 324-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19860014381.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
```

[115th Congress Public Law 158]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 1242]]

Public Law 115-158
115th Congress

                                 An Act

 
 To amend title 31, United States Code, to prohibit the use of Federal 
 funds for the costs of painting portraits of officers and employees of 
    the Federal Government, and for other purposes. <<NOTE: Mar. 27, 
                           2018 -  [S. 188]>> 

    Be it enacted by the Senate and House 
of <<NOTE: Eliminating Government-funded Oil-painting Act. 31 USC 1301 
note.>> Representatives of the United States of America in Congress 
assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Government-funded Oil-
painting Act'' or the ``EGO Act''.
SEC. 2. PROHIBITION ON USE OF FUNDS FOR PORTRAITS.

    (a) In General.--Subchapter III of chapter 13 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 1355. <<NOTE: 31 USC 1355.>>  Prohibition on use of funds 
                  for portraits

    ``(a) No funds appropriated or otherwise made available to the 
Federal Government may be used to pay for the painting of a portrait of 
an officer or employee of the Federal Government, including the 
President, the Vice President, a Member of Congress, the head of an 
executive agency, or the head of an office of the legislative branch.
    ``(b) <<NOTE: Definitions.>>  In this section--
            ``(1) the term `executive agency' has the meaning given the 
        term in section 133 of title 41; and
            ``(2) the term `Member of Congress' includes a Delegate or 
        Resident Commissioner to Congress.''.

    (b) Clerical Amendment.--The table of sections for subchapter III of 
chapter 13 of title 31, United States Code, <<NOTE: 31 USC 1301 prec.>>  
is amended by

[[Page 132 STAT. 1243]]

adding after the item relating to section 1354 the following new item:

``1355. Prohibition on use of funds for portraits.''.

    Approved March 27, 2018.

LEGISLATIVE HISTORY--S. 188 (H.R. 1701):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-511, Pt. 1, (Comm. on Oversight and Government 
Reform) accompanying H.R. 1701.
SENATE REPORTS: No. 115-28 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Sept. 18, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    Mar. 6, considered and passed House, 
                                        amended.
                                    Mar. 14, Senate concurred in House 
                                        amendments.

                                  <all>
```
United States Court of Appeals

for the Fifth Circuit

No. 20-60323

Summary Calendar

Dean C. Boyd, 

Plaintiff—Appellant,

versus

Justin Gower; Chrislind Charenzenke, 

Defendants—Appellees.

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:18-CV-509

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:*

Dean C. Boyd, Mississippi prisoner # 167698, appeals the summary 

judgment dismissing his 42 U.S.C. § 1983 civil rights complaint due to the 

failure to exhaust available administrative remedies.

* Pursuant to 5th Circuit Rule 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 1, 2022

Lyle W. Cayce

Clerk

Case: 20-60323 Document: 00516264184 Page: 1 Date Filed: 04/01/2022
No. 20-60323

2

We review the grant of summary judgment for failure to exhaust de 

novo and apply the same standard as the district court. Dillon v. Rogers, 596 

F.3d 260, 266 (5th Cir. 2010). Summary judgment is proper “if the movant 

shows that there is no genuine dispute as to any material fact and the movant 

is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). 

Section 1983 complaints challenging prison conditions have been

properly exhausted when the plaintiff “‘complete[d] the administrative 

review process in accordance with the applicable procedural rules.’” Jones 

v. Bock, 549 U.S. 199, 218 (2007) (quoting Woodford v. Ngo, 548 U.S. 81, 88 

(2006)). We take judicial notice of the Administrative Remedy Program

(ARP) adopted by the Mississippi Department of Corrections and posted on 

its website in the inmate handbook. See Coleman v. Dretke, 409 F.3d 665, 667 

(5th Cir. 2005). 

Boyd has not raised a genuine dispute regarding his exhaustion of 

administrative remedies as he conceded that he did not pursue his grievance 

through the two-step process before filing his complaint. See Gonzalez v. 

Seal, 702 F.3d 785, 788 (5th Cir. 2012). His argument that he satisfied the 

ARP process is belied by the record. Furthermore, Boyd cannot be excused 

from the exhaustion requirement as it is mandatory and not subject to 

exceptions based on the circumstances in individual cases. See Jones, 549 

U.S. at 211. He has not raised a genuine issue of material fact as to whether 

the prison grievance procedures are so opaque that they are “incapable of 

use.” Ross v. Blake, 578 U.S. 632, 643 (2016). We decline to consider Boyd’s 

argument raised for the first time on appeal that he later filed multiple 

grievances relating to the events that are the subject of this lawsuit and 

pursued those grievances to the conclusion of the ARP process. See Leverette 

v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). 

AFFIRMED.

Case: 20-60323 Document: 00516264184 Page: 2 Date Filed: 04/01/2022
Electronically Filed

Intermediate Court of Appeals

CAAP-18-0000618

13-MAY-2019

08:32 AM
NOT FOR PUBLICATION IN WEST'S HAW AI'I REPORTS AND PACIFIC REPORTER 

opening brief had expired, the matter would be called to the 

court's attention on December 13, 2018, for appropriate action, 

which could include dismissal of the appeal, under Hawai'i Rules 

of Appellate Procedure Rules 12.l(e) and 30, and Steele may 

request relief from default by motion; and 

dismissed. 

(5) Steele took no further action in this appeal. 

Therefore, IT IS HEREBY ORDERED that the appeal is 

Dated: Honolulu, Hawai'i, May 13, 2019.

Associate Judge 

Associate Judge 

2
#### Cicero HICKS, Appellant, v. STATE of Florida, Appellee.

No. JJ-414.

District Court of Appeal of Florida, First District.

Sept. 15, 1978.

Cicero Hicks, in pro per.

No appearance for appellee.

PER CURIAM.

An appeal from a denial of appellant’s motion to vacate a portion of a sentence under F.R.Cr.P. 3.850. Appellant urges that the trial court erred in giving him a “split sentence” — three years imprisonment followed by seven years probation — on his nolo contendere plea to a charge of attempted second degree murder. While this argument may have previously had merit under *Robinson v. State,*256 So.2d 390 (Fla.3d DCA 1973) and its progeny, it is now clear that a trial court may in its discretion sentence a defendant to a period of incarceration followed by a period of probation. See Section 948.01(4), Florida Statutes (1977); *State v. Jones,*327 So.2d 18 (Fla.1976), and *State*v. *Holmes,*360 So.2d 380 (Fla.1978).

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
**Exhibit32.3**

 

CERTIFICATION PURSUANT TOSECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

 

I, Gregg Buckbinder, the Chief Financial and OperatingOfficer and principal financial officer of Millburn Ridgefield Corporation, theManaging Owner of The Millburn World Resource Trust (the “Trust”), certify that(i) the Annual Report of the Trust on Form 10-K for the period ending December31, 2005 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and (ii) the information contained in suchAnnual Report fairly presents, in all material respects, the financialcondition and results of operations of the Trust.

 

 
| Date:  | March 30, 2006 |   |   |   |                                               |             |   |
|--------|----------------|--------|--------|--------|----------------------------------------------------|------------------|--------|
|   |           |   |   |   | /s/                                                | Gregg Buckbinder |   |
|   |           |   |   |   |    Gregg  Buckbinder                |
|   |           |   |   |   |   Chief  Financial and Operating Officer |
|        |                |        |        |        |                                                    |                  |        |  |

 

----
ex109.htm


Exhibit 10.9



UNSECURED PROMISSORY NOTE

















October 20, 2015


U.S. $350,000.00 




 







FOR VALUE RECEIVED, the undersigned, Eos Petro, Inc., a Nevada corporation (the “Issuer”), hereby promises to pay to the order of Plethora Enterprises, LLC, a Wyoming limited liability company (the “Payee”), at such place as the Payee shall direct in writing, the principal sum of Three Hundred Fifty Thousand Dollars ($350,000.00), with interest at 10.00% on the unpaid balance.  All references to Dollars herein are to lawful currency of the United States of America.







All unpaid principal of this Note and accrued interest shall be due and payable on January 1, 2016 (the “Maturity Date”). This Note may be prepaid at any time in whole or in part without penalty.







In any action at law or in equity to enforce or construe any provisions or rights under this Note, the unsuccessful party or parties to such litigation, as determined by a court pursuant to a final offer, judgment or decree, shall pay to the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by such successful party.







This Note and all actions arising out of or in connection with this Note shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of California, or of any other state.







 

 







Eos Petro, Inc.


A Nevada corporation












By: /s/ Nicholas Konstant


    Nicholas Konstant


    Its: Chief Financial Officer
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1817

To suspend the Davis-Bacon wage rate requirements for Federal contracts 
                 in areas declared national disasters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2005

  Mr. DeMint introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To suspend the Davis-Bacon wage rate requirements for Federal contracts 
                 in areas declared national disasters.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleanup and Reconstruction 
Enhancement Act'' or ``CARE Act''.

SEC. 2. SUSPENSION OF DAVIS-BACON WAGE REQUIREMENTS IN NATIONAL 
              DISASTER AREAS.

    Section 3147 of title 40, United States Code, is amended by adding 
at the end the following: ``In any area that the President determines 
to be a major disaster under section 102(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), the 
provisions of this subchapter shall not apply for a period of 1 year 
from the date on which the President makes such determination.''.
                                 <all>
```