alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6765

JACK RAY VIGUE,

Plaintiff - Appellant,

versus

JOHN B. TAYLOR; H. PONTON, Assistant Warden,

Operations; MICHAEL A. SHUPE; ANITA KELLY;

CORPORAL ZUMBRO; MR. CLARK; LARRY D. HUFFMAN;

E. C. MORRIS; JAMES E. BRIGGS,

Defendants - Appellees,

and

BOBBY W. SOLES; MAJOR JONES; CAPTAIN BARKSDALE; LIEUTENANT COTRELL; MR. BROWN; LIEUTENANT ROBERT WILSON; SERGEANT SMITH,

Defendants.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-95-84-R)

Submitted: October 17, 1996 Decided: October 24, 1996

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.
2

Jack Ray Vigue, Appellant Pro Se. Susan Campbell Alexander, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm substantially on the reasoning of the

district court. With respect to Appellant's claims of denial of access to the courts, we note that Appellant failed to show prejudice

to his litigation sufficient to survive summary judgment. Strickler

v. Waters, 989 F.2d 1375, 1383, (4th Cir.), cert. denied, 510 U.S.

949 (1993); White v. White, 886 F.2d 721 (4th Cir. 1989). We dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
t 

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THE UNITED STATES DISTRICT COURT 


FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 


BEATA ROGOWSKI a1k1a 

BETA WALKOSZ 

Plaintiff, 

v. 	 3:15·CV·01606 

(JUDGE MARIANI) 

FOREMOST INSURANCE COMPANY 

GRAND RAPIDS MICHIGAN 

Defendant. 


ORDER 


AND NOW, THISA)~~DAY OF AUGUST, 2016, upon de novo review of Magistrate 

Judge Carlson's Report and Recommendation, (Doc. 17), the parties Objections thereto, 

and all related filings, IT IS HEREBY ORDERED THAT: 

1. 	 Plaintiffs Objection, (Doc. 18), is OVERRULED in part and SUSTAINED in part 

as set forth in the Court's accompanying memorandum opinion. 

2. 	 Defendant's Objection, (Doc. 19), is OVERRULED. 

3. 	 The Report and Recommendation, (Doc. 17), is ADOPTED in part and 

OVERRULED in part for the reasons stated both therein and in this Court's 

accompanying memorandum opinion. 

4. 	 Defendant's Motion to Dismiss COLint I, (Doc. 7), is DENIED. 

5. 	 Defendant's Motion to Dismiss Count II, (Doc. 7), is GRANTED. Count" of the 

Complaint is DISMISSED WITHOUT PREJUDICE. 

Case 3:15-cv-01606-RDM Document 21 Filed 08/22/16 Page 1 of 2
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6. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file an l 

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Amended Complaint as to Count II of the Complaint. t 

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Case 3:15-cv-01606-RDM Document 21 Filed 08/22/16 Page 2 of 2
**Exhibit 32**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theAnnual Report of Primary Business Systems, Inc. (the “Company”) on Form 10-QSBfor the period ending June 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Patrick Matthews,Chief Executive Officer and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                 The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                                 Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| /s/ Patrick Matthews                                                                   |   |
|----------------------------------------------------------------------------------------|--------|
| Patrick Matthews                                                                       |
| Chief Executive Officer and Chief  Financial Officer and Principal Accounting Officer) |
| August 12, 2005                                                                   |

 

----
#### Edgar GIBSON v. EXXON CORPORATION.

No. 12041.

Court of Appeal of Louisiana, First Circuit.

June 12, 1978.

Patsy Jo McDowell, Baton Rouge, of counsel for plaintiff-appellant Edgar Gibson.

William N. Faller, and Calvin E. Hardin, Jr., Baton Rouge, of counsel for defendant-appellee Exxon Corp.

Before LOTTINGER, EDWARDS and PONDER, JJ.

EDWARDS, Judge.

This is an appeal by plaintiff, Edgar Gibson, from a judgment which sustained a peremptory exception of prescription filed by the defendants, Ed Percy and Jacob B. Swanson, Jr., and dismissed his suit for personal injuries.

On February 18, 1974, plaintiff was injured as a result of a work related accident. A suit in tort seeking damages was filed on February 14, 1975, against Exxon Corporation. Exxon answered and filed a motion for summary judgment, contending that plaintiff’s sole remedy against Exxon, allegedly a “principal employer” under LSA-R.S. 23:1061, is provided under the Workmen’s Compensation Act.

On March 30, 1977, plaintiff filed a “Supplemental and Amending Petition” joining Ed Percy, Jacob B. Swanson, Jr. and Maryland Casualty Company1 as additional defendants.

The trial court on April 1, 1977, granted Exxon’s motion for summary judgment, and dismissed the suit against Exxon. Plaintiff did not appeal this judgment.

On July 11, 1977, defendants, Percy and Swanson, filed a peremptory exception of prescription, contending that they were not sued timely because they were not joined as defendants within the one year prescriptive period. This exception was sustained and the suit dismissed on August 1, 1977.

*231Tort actions prescribe in one year. LSA-C.C. art. 3536. Accordingly, this suit against defendants, Percy and Swanson, filed on March 30,1977, more than one year after plaintiff’s injury, is prescribed, absent a suspension or interruption of prescription.

Plaintiff contends that prescription against Percy and Swanson was interrupted by the timely filed suit against Exxon. Plaintiff relies on LSA-C.C. art. 2097, which provides:

> “A suit brought against one of the debtors in solido interrupts prescription with regard to all.”

This article is applicable only between solidary debtors. Therefore, there must exist a solidary obligation to plaintiff on the part of Exxon and the defendants joined after the lapse of the prescriptive period. *Trahan v. Liberty Mutual Insurance Company,*314 So.2d 350 (La.1975).

However, Exxon is not liable to plaintiff on the claim in tort asserted in the instant suit. LSA-R.S. 23:1032 and 23:1061.

Accordingly, LSA-C.C. art. 2097 is not applicable since Exxon cannot be a solidary debtor with defendants, Percy and Swanson. *Favors v. Southern Industries, Inc.,*344 So.2d 693 (La.App. 1st Cir. 1977).

The trial court properly sustained defendant’s exception of prescription and dismissed plaintiff’s suit.

For the above reasons, the judgment of the trial court is affirmed at plaintiff’s cost.

AFFIRMED.

1

. Plaintiff’s suit against Maryland Casualty Company was dismissed on June 27, 1977, after the trial court sustained Maryland’s motion for summary judgment. Plaintiff did not appeal this dismissal.
# Den Europæiske Unions C 140I/2021

| | ISSN 1977-0871 |
| --- | --- |
| Den Europæiske Unions
  Tidende | C 140I |
| | |
| Dansk udgave | Meddelelser og oplysninger | 64. årgang21. april 2021 |

ISSN 1977-0871

Den Europæiske Unions

Tidende

C 140I

Dansk udgave

Meddelelser og oplysninger

64. årgang21. april 2021

---

| Indhold | Side |
| --- | --- |
| | Berigtigelser |
| | Berigtigelse til Det Europæiske Arbejdsmiljøagentur (EU-OSHA) i Bilbao — Offentliggørelse af en stilling som administrerende direktør (midlertidig ansat — lønklasse AD 14) — COM/2020/20049 ( EUT C 171 A af 19.5.2020 ) | 1 |

Indhold

Side

Berigtigelser

Berigtigelse til Det Europæiske Arbejdsmiljøagentur (EU-OSHA) i Bilbao — Offentliggørelse af en stilling som administrerende direktør (midlertidig ansat — lønklasse AD 14) — COM/2020/20049 ( EUT C 171 A af 19.5.2020 )

( EUT C 171 A af 19.5.2020 )

1

---

| DA | |
| --- | --- |

DA

---

Berigtigelser

| 21.4.2021 | DA | Den Europæiske Unions Tidende | CI 140/1 |
| --- | --- | --- | --- |

21.4.2021

DA

Den Europæiske Unions Tidende

CI 140/1

---

Berigtigelse til Det Europæiske Arbejdsmiljøagentur (EU-OSHA) i Bilbao — Offentliggørelse af en stilling som administrerende direktør (midlertidig ansat — lønklasse AD 14) — COM/2020/20049

(
  Den Europæiske Unions Tidende C 171 A af 19. maj 2020
  )

(2021/C 140 I/01)

Side 4, under kapitlet »Udvælgelse og udnævnelse«, ottende afsnit:

I stedet for:

»Inden bestyrelsen udnævner en af ansøgerne på listen, vil ansøgerne blive bedt om at præsentere sig for Rådets kompetente organer og Europa-Parlamentets udvalg og besvare deres spørgsmål. Europa-Parlamentet og Rådet for Den Europæiske Union tilkendegiver derefter deres holdning og deres foretrukne prioritering. Bestyrelsen udnævner direktøren under hensyntagen til disse holdninger.«

læses:

»Den valgte kandidat opfordres til at afgive en redegørelse over for Europa-Parlamentet og besvare spørgsmål fra Parlamentets medlemmer.«

---
Exhibit 32.1


                        View Systems, Inc.

                 CERTIFICATION OF PERIODIC REPORT
    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                      18 U.S.C. Section 1350

The undersigned executive officer of View Systems, Inc. certifies (the
"Company") pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

(A)    the quarterly report on Form 10-QSB of the Company for the quarter
       ended March 31, 2006, fully complies with the requirements of Section
       13(a) or 15(d) of the Securities Exchange Act of 1934; and

(B)    the information contained in the Form 10-QSB fairly presents, in all
       material respects, the financial condition and results of operations of
       the Company.



Date: May 15, 2006
                            /s/ Gunther Than
                            ____________________________________
                            Gunther Than
                            Chief Executive Officer
                            Principal Financial Officer
No. 00-6374.

#### Becker *v.*Montgomery, Attorney General of Ohio, et al.

C. A. 6th Cir. [Certiorari granted, *ante,*p. 1069.] The order granting the petition for writ of certiorari is amended .to read as follows: Motion of petitioner for leave to proceed *in forma pauperis*granted. Certiorari granted limited to the following question: “When a party files a timely notice of appeal in district court, does the failure to sign the notice of appeal require the court of appeals to dismiss the appeal?” Stewart A. Baker, Esq., of Washington, D. C., is invited to brief and argue this case as *amicus curiae*in support of the judgment below.
.::'



# " United 

# St~tes D~partment ofthe Interior

, . ',' ".' J .,. ".. •~. '. f.. ",' '.' ( NAl'lONAL,PARK SERVICE, ',' , Kalaupapa National Historical Park

P,O, 2222 Kalaupapa, HI 96742 Tel: 808-567-6802
October 21, 2013 Kevin D,Schlemmer, Chief Essential Air Service & Domestic Analysis Division U,S, Department of Transportation 1200 New Jerseys Ave, SE Washington, DC20590 • I.~. '.~.' ;, '

Subject: Order 2013-10-3; Servicing Kalaupapa, Island of Molokai, Hawai'i; Service Commencing January 1, 2014

/." ' ,

### .....; Due to the isolated and remote work place at Kalilupapa National Historical Park, our employees ofteli ~eed to fly out

. . 

# '. of KalaupapaJor work-related travel and Makani Kai,has provided timely and effective service under ~hecurrent Esse'ntialAir Service contract." •- :", ,',' ' ' ,. ' ".,,', , Sincerely,

Erika Stein Espaniola Superintendent
#### Patricia MORGAN, n/k/a Patricia Beckman, joined by her husband, Richard Beckman, Appellants, v. Thomas L. PASSMORE and Mary C. Passmore, his wife, Appellees.

No. 69-699.

District Court of Appeal of Florida, Third District.

March 24, 1970.

Rehearing Denied April 13, 1970.

March 24, 1970.

Frank E. Freeman, Michelle Friedlander & Paul Marcus, Miami, for appellants.

Milton R. Wasman, Miami, for appellees.

Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

Affirmed. See Cohen v. Cohen, Fla. 1954, 70 So.2d 362, 363; Althouse v. State Farm Fire & Casualty Company, Fla.App. 1966, 183 So.2d 859; Brown v. Householdor, Fla.App.1961, 134 So.2d 801.
Scientific/Technical Advisory Committee

Recommendations to the WTCHP Research Program

February 14, 2014

[Updated March 19, 2014]

Number Recommendations for Research

Is the 

Recommendation 

a High Priority?

1 Investigate whether there are newly emerging health conditions or 

previously unrecognized health conditions not covered by the WTCHP 

among WTC populations.

Yes

2 Characterize the disaster-related exposures that are associated 

with the development of specific psychiatric disorders. No

3 Determine the value of biomarkers for early detection of pre-cancerous 

conditions, early cancers, or other WTC-associated diseases. Yes

4 Assess health effects of WTC exposure on gestation and early life 

(childhood and adolescence). Yes

5 Improved assessment of WTC exposure: inhaled, topical, ingested, or 

other. Tied

6 Evaluate and improve the utility and use of WTCHP data and activities for 

the purpose of active surveillance of health conditions in WTC-exposed 

populations and/or develop improved surveillance methods.

Yes

7 Differentiate psychiatric disorders from symptoms and distress in relation 

to disaster exposure, and develop efficient and effective methods for 

diagnosis of disaster-related psychopathology in populations and 

individuals.

Yes

8 Examine patterns of health care utilization and delivery in the WTCHP and 

the value and efficacy of the medical monitoring activities of the WTCHP. Yes

9 Study the side-effects of drugs administered for treatment of WTCrelated diseases. No

10 Investigate the effectiveness and utility of specific PTSD treatments in 

WTC-affected groups or individuals Tied
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7387

HULON DOTSON, Petitioner - Appellant,

v. WARDEN, McCormick Correctional Institution, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:08-cv-03807-HFF)

Submitted: October 21, 2009 Decided: November 17, 2009

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hulon Dotson, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Hulon Dotson seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Bowles v. Russell , 551 U.S. 205, 214 (2007).

The district court’s order was entered on its docket on April 24, 2009. The notice of appeal was filed, at the earliest, on June 16, 2009, * fifty-three days later. Because Dotson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266, 276 (1988).

23 before the court and argument would not aid the decisional

process.

DISMISSED
No. 00-7333.

#### Westcott *v.*United States.

C. A. 11th Cir. Certiorari denied.
#### ATLANTIC SHIP SUPPLY, INC., Plaintiff-Appellant, v. M. S. "LUCY,” formerly named M. S. "El Centroamericana,” et al., Defendants, Hercules Trading Company, S. A. Panama, Claimant-Appellee, Metro Stevedores, Inc., et al., Intervening Plaintiffs-Appellants.

No. 75-2967.

United States Court of Appeals, Fifth Circuit.

June 13, 1977.

Rehearing Denied July 14, 1977.

Frederick M. Lucarelli, Tampa, Fla., for Atlantic Ship Supply.

John P. Corcoran, Jr., Tampa, Fla., for Metro Stevedores.

Armin H. Smith, Jr., Tampa, Fla., for Central Oil Co.

Edward F. Gerace, Tampa, Fla., Christ Stratakis, New York City, for claimant-appellee.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.

PER CURIAM:

Appellants brought this action to foreclose maritime liens against the M/V LUCY (formerly the M/V EL CENTROAMERI-CANO) for supplies and necessaries furnished to that vessel in the Port of Tampa, Florida, in January 1973. The appelleeclaimant is the present owner of the vessel, having derived its title from the successful bidder at the July 1973 judicial sale of the vessel in Costa Rica. At the trial below appellee claimed that the sale was made pursuant to the order of a Costa Rican court exercising admiralty jurisdiction and consequently the sale had given it title to the vessel free and clear of all liens and encumbrances. After a bench trial, the lower court entered an opinion, found at D.C., 392 F.Supp. 179, and a final judgment dismissing the complaints. Having reviewed the record and found no error in the district court’s analysis and disposition of the issues, we AFFIRM.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) PERFORMANCE AIR LTD. ) DOCKET DOT-OST-2009-0139 ) for an exemption from 49 U.S.C. § 41301 ) (Bahamas-U.S. charters) ) __________________________________________)

APPLICATION OF PERFORMANCE AIR LTD. FOR RENEWAL OF AN EXEMPTION

Communications with respect to th is document should be sent to: John R. Mietus, Jr. Law Office of John Mietus, LLC 6701 Democracy Blvd., Suite 300 Bethesda, MD 20817-7500 (202) 747-5212 (240) 396-5362 fax john@mietuslaw.com

Counsel for PERFORMANCE AIR LTD.

NOTICE: Any person may support or oppose th is application by filing an answer and serving a copy of the answer on counsel for Performance Air and upon persons served with th is application no late r than October 26, 2012.

October 11, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) PERFORMANCE AIR LTD. ) DOCKET DOT-OST-2009-0139 ) October 11, 2011 for an exemption from 49 U.S.C. § 41301 ) (Bahamas-U.S. charters) ) __________________________________________)

APPLICATION OF PERFORMANCE AIR LTD. FOR RENEWAL OF AN EXEMPTION

Pursuant to 49 U.S.C. § 40109(c), Pe rformance Air Ltd. ("Performance Air") respectfully requests renewa l of the above-captioned exem ption, granted by Notice of Action Taken dated October 20, 2011 (the “Notice”), for an additional, one-year period. The Notice permits Performance Air to engage in charter foreign air transportation of persons, property, and mail between a point or points in the Bahamas and a point or points in the United States, and other char ters pursuant to 14 CFR Part 212 of the Department’s regulations, using small aircra ft. Performance Air intends to invoke the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special Regulations. In support of this application, it states as follows: 1. Performance Air is a Bahamian flag carrier and intends to operate BahamasU.S. charter service under the above-captioned charter author ity. It remains licensed by

the Bahamian Department of Civil Aviation to perform charter air transportation, and Bahamas-U.S. charter operations remain governed by principles of comity and reciprocity that support the Department’s continued grant of authority. See, e.g., Island Wings Limited, Notice of Action Taken dated September 24, 2012 in Docket OST-2012-0150.
#### Graydon JONES, Appellant, v. FLORIDA INSURANCE EXCHANGE, INC., a Florida corporation, et al., Appellees.

No. 68-608.

District Court of Appeal of Florida. Second District.

Aug. 8, 1969.

Rehearing Denied Sept. 19, 1969.

PER CURIAM.

Affirmed.
Order entered October 19, 2018

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 00498
- CR
BRADRICK JERMAINE CO LLINS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from th e County Criminal Court No. 5

Dallas County, Texas Trial Court Cause No. M A 17
- 18552
- F



### O RDER By order entered October 5, 2018, the Court ordered the Dallas County Clerk to file a supplemental clerk’s record containing various documents appellant alleges a re omitted from the clerk’s record. The Court inadvertently did not include a date for compliance with the Court’s
order. By letter filed October 16, 2018, appellant points out the county clerk has not yet filed the supplemental clerk’s record , and he re quests the Court to issue “an appropriate Order directing the trial court to file the records within a date suitable to this Court.”
We ORDER the Dallas County Clerk to file, within TEN DAYS of the date of this order, a supplemental clerk’s record containi ng (1) any exhibits in the county clerk’s possession filed with appellant’s April 12, 2018 brief in support of his motion to arrest judgment; (2) any exhibits in the county clerk’s possession filed with appellant’s February 22, 2018 motion to suppress– 2

–

medi cal records; (3) appellant’s February 20, 2018 corrected motion to suppress evidence including any exhibits; and (4) in the event the county clerk does not have possession of one or more of the items requested, a letter verifying the exhibits or documents are not on file with the Dallas County Clerk. Because appellant has been found not indigent, the county clerk shall not be required to file the supplemental clerk’s record until appellant has paid the clerk’s fee for preparation of the supplemental clerk’ s record or has made satisfactory arrangements to pay the fee. In the event appellant fails to pay or make satisfactory arrangements to pay the clerk’s fee, the county clerk is ORDERED to file with the Court , within TEN DAYS of the date of this order, a l etter stating appellant has failed to pay the fee or make satisfactory payment arrangements. By order entered October 3, 2018, the Court ordered appellant to provide the Court, within ten days of the date of the order, with written verification showing ap pellant had paid or arranged to pay the court reporter for the reporter’s record

. The order cautioned appellant that if he did not file the written verification as directed, the case would be submitted without a reporter’s record. Appellant has not filed the written verification as ordered. Accordingly, we ORDER this appeal to be submitted in due course without a reporter’s record. See T EX
. R. A PP
. P. 37.3(c).
We DIRECT the Clerk of the Court to transmit a copy of this order, by electronic transmissio n, to John F. Warren, Dallas County Clerk; to Lori Ordiway, Assistant District Attorney; and to Bradrick Jermaine Collins, pro se.

/s/ LANA MYERS JUSTICE