alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHNNY CYRUS, : No. 3:06-CV-02022

:

Plaintiff, : (Judge McClure)

:

v. : (Magistrate Judge Blewitt)

:

UNITED STATES :

OF AMERICA, et al., :

:

Defendants. :

O R D E R

December 5, 2006

Plaintiff is an inmate at the Federal Correctional Institution at Allenwood,

White Deer, Pennsylvania (“FCI-Allenwood”). On October 16, 2006, plaintiff

filed pro se this instant civil rights action, alleging a First Amendment retaliation

claim and Eighth Amendment cruel and unusual punishment claim against

defendants. Specifically, plaintiff alleges he was purposefully put in harms way

when prison officials placed him on a hill while he was confined to a wheelchair. 

Although its not clear how, plaintiff alleges he sustained significant injuries as a

result of being placed on the hill. He further states he was placed on the hill in part

because of the various lawsuits he has filed. He also asserts that he did not receive

adequate medical treatment for his injuries.

Case 4:06-cv-02022-JFM Document 13 Filed 12/05/06 Page 1 of 3
2

This matter was initially referred to United States Magistrate Judge Thomas

M. Blewitt.

On October 27, 2006, the magistrate judge issued his thorough sixteen page

report and recommendation. The magistrate judge recommends that the complaint

be dismissed against all named defendants - defendants United States of America,

warden Karen Hogsten, and health administrator Robert Laino. The magistrate

judge reasons that the United States of America cannot be sued in this matter, and

that Hogsten and Laino cannot be sued because there are no facts alleged that

suggest either plaintiff was involved in the incidents described in the complaint. 

The magistrate judge recommends the plaintiff amend his complaint to replace the

originally named defendants with the proper defendants. The magistrate judge also

recommends the plaintiff’s claims for specific amount of damages be stricken from

the complaint, and that the matter be remanded for further proceedings with the

magistrate judge.

Plaintiff has not filed any objections to this report and recommendation. 

Instead, the plaintiff filed an amended complaint that replaced the originally named

defendants with new parties.

We will adopt the magistrate judge’s report in full. We note that plaintiff

has already filed his amended complaint that seems consistent with the magistrate

Case 4:06-cv-02022-JFM Document 13 Filed 12/05/06 Page 2 of 3
3

judge’s recommendations. Therefore, we will remand plaintiff’s amended

complaint to the magistrate judge for further proceedings.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. The court adopts in full the magistrate judge’s report and recommendation. 

(Rec. Doc. No. 10).

2. Plaintiff’s amended complaint is remanded to the magistrate judge for

further proceedings.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

 

Case 4:06-cv-02022-JFM Document 13 Filed 12/05/06 Page 3 of 3
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE MATTER OF G.A.T., A 

JUVENILE 

§

§

§

§

§

§ 

No. 08-12-00081-CV 

Appeal from the

65th Judicial District Court 

of El Paso County, Texas 

(TC# 10,00434) 

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. It appearing to this Court that 

Appellant is indigent for purposes of appeal, this Court makes no other order with respect 

thereto. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 3RD DAY OF JULY, 2013.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### Clarence BAKER, Appellant, v. The STATE of Florida, Appellee.

No. 77-554.

District Court of Appeal of Florida, Third District.

Dec. 6, 1977.

Clarence Baker, in pro per.

*589Robert L. Shevin, Atty. Gen. and Margarita Esquiroz, Asst. Atty. Gen. and John C. Moppert, Legal Intern, for appellee.

Before NATHAN, HUBBART and KE-HOE, JJ.

PER CURIAM.

Appellant, defendant below, brings this appeal from an order of the trial court, dated January 20, 1977, and recorded on January 28, 1977, denying a motion to vacate the judgment and sentence entered against him. The notice of appeal, filed on March 11, 1977, was filed untimely; therefore, this court lacks jurisdiction to entertain the appeal. See, e. g., *Green v. State,*280 So.2d 701 (Fla. 4th DCA 1973); *Sparks v. State,*262 So.2d 251 (Fla. 4th DCA 1972); *Pitts v. State,*225 So.2d 352 (Fla. 1st DCA 1969); and Fla.App. Rule 3.2. Accordingly, the appeal is dismissed for lack of jurisdiction.

Dismissed.
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

RICHARD J. FRAHER

PETITION FOR REINSTATEMENT
FROM ADMINISTRATIVE SUSPENSION :

:

:

:

:

:

: No. 122 DB 2020 (No. 77 RST 2020)

Attorney Registration No. 69784

( Out of State )

O R D E R

PER CURIAM

AND NOW , this 13 th day of October

, 2020 , the Report and Recommendation of

Disciplinary Board Member dated October 1

, 2020

, is approved and it is ORDERED that

Richard J. Fraher

, who has been on Administrative Suspension

, has never been

suspended or disbarred, and has demonstrated that h e has the moral qualifications,

competency and learning in law required for admission to practice in the Commonwealth,

shall be and is, hereby reinstated to active status as a member of the Bar of this

Commonwealth. The expenses incurred by the Board in the investigation and processing

of this matter shall be paid by the Petitioner.
EXHIBIT 32 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection
with the quarterly report on Form 10-QSB of China Elite Information Co., Ltd.
(the Company) for the three month period ended February 29, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Li Kin Shing, President, Chief Executive Officer and Chief Financial Officer
of the Company, certify, 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
my knowledge and belief: (1)
the Report
 fully complies with the requirements of Sections 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 result of operations of the Company.  Date: April 14, 2008
By
/s/ Li Kin ShingLi Kin ShingPresident, Chief Executive Officerand Chief Financial Officer
p. 1 

# OAR Box 1147 Prepped by Ollie Stewart



### Document

Number: 

# 236 ) IV-E-11 1 Docket Number: 

# A-87-1 1

Printed 4/22/20082:42:59PM

Sheet 236 of 242m***"** . UNITE D STATE S ENVIRONMENTA L PROTECTIO N AGENC Y AN N ARBOR . MICHIGA N 4810 5 

### DE C 

## 1 3 199

3 P. 2

OFFIC E O F AI R AN O RADIATIO N MEMORANDU M SUBJECT : Phon e Cal l Regardin g Onboar dCost s fo r HDV s FRO M Glen n W . Passavant , Chie f 3^^-v V Y-Ar^ur^-^h Specia l Regulator y Project s Branc h TO : Publi c Docke t A-87-1 1 I nthei r comment s o n th e Onboar dRefuelin g Vapo r Recover y (ORVR ) notic e o f Ma y 25,199 3 (5 3 FR30731) , th e America nTruckin g Associatio n(ATA ) state dtha t ORV Rcontrol s woul dcos t $30 0 fo r

heavy-dut y vehicle s (A-87-11 , IV-D-801) . Sinc e ther e wa s n o back-u p informatio ni nth e comment s t o suppor t thi s estimate , I contacte dMr . Alle n Schaeffe r o f AT A o nDecembe r

9,199 3 t o determin e th e basi s fo r th e cost . Mr . Schaeffe r

state dtha t

th e cost s wer e base do navisi t b e mad e t o For d Moto r Compan y afte r

th e NPR M wa s released . H e state dtha t th e estimat e wa s hi s own , base do n inspectio n o f a n ORV Rsyste mFor dha dinstalle do natruck . Ther e wa s n o othe r

back-u p documentatio navailabl e t o suppor t hi s estimates . H e agreed , however , tha t cost s incrementa l t o enhance devaporativ e contro l woul db e les s tha n hi s origina l estimates , bu t th e provide dn o revise dvalue .
1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

EDWARD J. NICHOLAS, )

Plaintiff, )

)

vs. ) C.A. No. 06-219 Erie

) District Judge McLaughlin

AMERICAN DETECTIVE ACAD., et al, ) Magistrate Judge Baxter

Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

I. RECOMMENDATION

It is respectfully recommended that Plaintiff’s complaint be dismissed without prejudice

to Plaintiff’s right to pay the filing fee of $350.00 before October 20, 2006. 

II. REPORT

Plaintiff, an inmate incarcerated at the State Correctional Institution at Albion, presented

this civil rights complaint, along with a request for leave to proceed in forma pauperis. 

Section 804(g) of Pub.L. No. 104-134, enacted April 26, 1996, amended 28 U.S.C. §

1915 to provide:

[i]n no events shall a prisoner bring a civil action ... under this section if the

prisoner has, on 3 or more prior occasions, while incarcerated or detained in any

facility, brought an action or appeal in the court of the United States that was

dismissed on the grounds that it is frivolous, malicious, or fails to state a claim

upon which relief may be granted, unless the prisoner is under imminent danger

of serious physical injury.

28 U.S.C. §1915(g).

Plaintiff has been a prolific advocate in this federal court. At least three of Plaintiff’s

prior lawsuits have been dismissed as legally frivolous: Civil Actions Numbers 06-98Erie, 06-

112Erie, and 06-201Erie, all filed in the United States District Court for the Western District of

Pennsylvania. 

Case 1:06-cv-00219-SJM-SPB Document 3 Filed 10/02/06 Page 1 of 2
2

An indigent inmate may overcome the “Three Strikes Rule” if he can show that he is

under “imminent danger of serious physical injury.” Abdul-Akbar v. McKelvie, 239 F.3d 307

(3d Cir. 2001) (interpreting imminent danger). Plaintiff has not alleged such imminent danger.

Accordingly, Plaintiff must pay the full filing fee before October 20, 2006, or risk

dismissal of this action.

III. CONCLUSION

Because of these prior dismissals, and because Plaintiff has not alleged that he is in

imminent danger of serious physical injury, it is recommended that the complaint be dismissed

without prejudice to Plaintiff’s right to pay the full filing fee of $350.00 to the Clerk of Courts

before October 20, 2006. 

In accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local

Rule 72.1.4B, the parties are allowed ten (10) days from the date of service to file written

objections to this report. Any party opposing the objections shall have seven (7) days from the

date of service of objections to respond thereto. Failure to timely file objections may constitute

a waiver of any appellate rights.

S/ Susan Paradise Baxter

SUSAN PARADISE BAXTER

Chief United States Magistrate Judge

Dated: October 2, 2006

Case 1:06-cv-00219-SJM-SPB Document 3 Filed 10/02/06 Page 2 of 2
#### Sarah Elizabeth SCHMAUSS, Petitioner, v. Joseph SNOLL, State Farm Insurance Company, a foreign corporation, and Metropolitan Dade County, a political subdivision of the State of Florida, Respondents.

No. 41060.

Supreme Court of Florida.

May 19, 1971.

Certiorari denied. 245 So.2d 112.

ROBERTS, C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Notices 51973

1A copy of this list may be obtained by

contacting Ms. Lorie Nierenberg, Assistant General

Counsel, at 202/619–6084. The address is U.S.

Information Agency, 301 4th Street, S.W., Room

700, Washington, D.C. 20547–0001.

being submitted for extension purposes

only.

Type of Review: Extension.

Affected Public: State, Local or Tribal

Government.

Estimated Number of Respondents:

3000.

Estimated Time Per Respondent: 30

minutes.

Estimated Total Annual Burden

Hours: 1,500.

Request for Comments: Comments

submitted in response to this notice will

be summarized and/or included in the

request for OMB approval. All

comments will become a matter of

public record. Comments are invited on:

(a) Whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency’s estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Dated: September 26, 1997.

John W. Magaw,

Director.

[FR Doc. 97–26264 Filed 10–2–97; 8:45 am]

BILLING CODE 4810–31–P

UNITED STATES INFORMATION

AGENCY

Culturally Significant Objects Imported

For Exhibition Determinations

Notice is hereby given of the

following determinations: Pursuant to

the authority vested in me by the Act of

October 19, 1965 (79 Stat. 985, 22 U.S.C.

2459), Executive Order 12047 of March

27, 1978 (43 FR 13359, March 29, 1978),

and Delegation Order No. 85–5 of June

27, 1985 (50 FR 27393, July 2, 1985), I

hereby determine that the objects to be

included in the exhibit, ‘‘Lorenzo Lotto:

Rediscovered Master of the

Renaissance’’ (see list 1), imported from

abroad for the temporary exhibition

without profit within the United States,

are of cultural significance. These

objects are imported pursuant to loan

agreements with foreign lenders. I also

determine that the exhibition or display

of the listed exhibit objects at the

National Gallery of Art from on or about

November 2, 1997, through on or about

March 2, 1998, is in the national

interest. Public Notice of these

determinations is ordered to be

published in the Federal Register.

Dated: September 29, 1997.

Les Jin,

General Counsel.

[FR Doc. 97–26291 Filed 10–2––97; 8:45 am]

BILLING CODE 8230–01–M
#### James David BASS, Appellant, v. STATE of Florida, Appellee.

No. K-40.

District Court of Appeal of Florida. First District.

June 17, 1969.

PER CURIAM.

Affirmed.
SAT Report

PMN Number: P-14-0089

SAT Date: 12/3/2013

Print Date: 1/31/2014

Related cases:

Health related cases: 

Ecotox related cases: 

Concern levels:

Type of Concern: Health Eco Comments

Level of Concern: 1-2 2

 Persistence Bioaccum Toxicity Comments

2 11

Exposure Based Review:

Health: No

Ecotox: Yes

Routes of exposure: Health: Dermal Drinking Water Inhalation 

Ecotox: All releases to water

Fate: ;

P2Rec Comments:

Comment: No Comment

Keywords:

 Keywords: IRR-E,MM

LUNG

UNCERT DEVEL

AQUATOX-A,C

Summary of Assessment:

 Fate:

Fate Summary: P-14-0089-92

FATE: 

Liquid with MP < 25 C (E)

S = Dispersible

EPA SANITIZED Page 1 of 3
VP < 1.0E-6 torr at 25 C (E)

BP > 400 C (E)

H < 1.00E-8 (E)

POTW removal (%) = 0-50 via sorption and biodeg

Time for complete ultimate aerobic biodeg = mo

Sorption to soils/sediments = moderate

PBT Potential: P2B1

*CEB FATE: Migration to ground water = moderate

 Health:

 Health Summary: Absorption s poor through the skin, moderate through the 

GI tract, and good through the lung, based on analogs. There is concern for irritation to the eye 

and mucous membranes, as well as concern for adverse lung effects, based on 

properties of the PMN substance. Also there is uncertain concern for developmental toxicity, 

based on . 

 Ecotox:

Test Organism Test 

Type

Test End 

Point

Predicted Measured Comments

fish 96-h LC50 *

daphnid 48-h LC50 11

green algal 96-h EC50 6.3

fish _ chronic value 2.5

daphnid _ chronic 

value

1.1

algal _ chronic 

value

2.4

Sewage Sludge 3-h EC50 _

Sewage Sludge _ Chronic 

Value

_

Ecotox Values Comments: Predictions are based on SARs for SAR 

chemical class = MW 601; S = dispersible (P); liquid with unknown mp (P); 

pH7; effective concentrations based on 100% active ingredients and mean measured 

concentrations; DW hardness <150.0 mg/L as CaCO3; and DW TOC <2.0 mg/L;

Factors Values Comments

Assessment Factor 10

Concentration of Concern 

(ppb)

110

SARs

SAR Class

Ecotox Category 

EPA SANITIZED Page 2 of 3
Ecotox Factors Comments: 

 SAT Chair: J. Kwiat, 564-7653

EPA SANITIZED Page 3 of 3
EXHIBIT 10.01

                              TERMINATION AGREEMENT

            This Agreement is dated for reference on October 23, 2001

BETWEEN:

         IDAHO CONSOLIDATED METALS CORP., a company having its business office
         at Suite 101, 5000 Bridge Street, Delta, BC, V4K 2K4

                                            (hereinafter referred to as "Idaho")
AND:

         CRYSTALLEX INTERNATIONAL CORPORATION, a company having its business
         office at Suite 902, 700 West Pender Street, in the City of Vancouver,
         in the Province of British Columbia.

                                       (hereinafter referred to as "Crystallex")

WITNESS THAT WHEREAS:

A.       Idaho and Crystallex entered into a Management Services Agreement
         (hereinafter referred to as the "Crystallex Agreement") on the 10th day
         of January, 2001;

B.       Pursuant to Clause 12(b) of the Crystallex Agreement, Crystallex has
         given written notice of termination and the parties wish to document
         the termination on the terms and conditions hereinafter appearing.

NOW THEREFORE THIS AGREEMENT witnesses that in consideration of the mutual
covenants and agreements hereinafter set forth, the parties agree with one
another as follows:

1.       The Crystallex Agreement is hereby terminated effective November 15,
         2001. The parties agree that the options granted to Crystallex by Idaho
         shall remain in good standing until November 15, 2002 at which time the
         options shall terminate and be of no further force or effect.

2.       The parties confirm that as at November 15, 2001 the monthly fees
         payable by Idaho to Crystallex pursuant to services to be provided by
         Crystallex to Idaho shall terminate and Idaho shall have no further
         obligation to Crystallex other than in relation to the options referred
         to above.

IN WITNESS WHEREOF the parties have executed this Agreement as of the day and
year first above written.

IDAHO CONSOLIDATED METALS CORP.

_________________________________



CRYSTALLEX INTERNATIONAL CORPORATION

_________________________________
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED  FINANCIAL  STATEMENTS  FOR THE SIX MONTHS ENDED JUNE 30, 1999, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     500
<CURRENT-LIABILITIES>                            1,600
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           500
<OTHER-SE>                                     (1,600)
<TOTAL-LIABILITY-AND-EQUITY>                       500
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   100
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (100)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (100)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (100)
<EPS-BASIC>                                   (0.20)
<EPS-DILUTED>                                        0



</TABLE>
Exhibit 99.1

                                Certification of
                             Chief Executive Officer
                               of Compressco, Inc.


This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and  accompanies  the annual  report on Form 10-KSB (the "form") for the
year ended December 31, 2002 of Compressco, Inc. (the "Issuer").

I, Brooks Mims Talton, the Chief Executive Officer of Issuer certify that to the
best of my knowledge:

     (i)   the Form 10-KSB fully complies with the requirements of section 13(a)
           or section  15(d) of the  Securities  Exchange Act of 1934 (15 U.S.C.
           78m(a) or 78o(d)); and

     (ii)  the information  contained in the Form 10-KSB fairly presents, in all
           material respects,  the financial condition and results of operations
           of the Issuer.

Dated:  March 31, 2003



         By:  /S/ BROOKS MIMS TALTON
              -----------------------
              Chief Executive Officer


Subscribed and sworn to before me this 31st day of March 2003.


 /S/ Jodi Thompson
--------------------------
Name:  Jodi Thompson
Title: Notary Public

My commission expires:
   April 23, 2005

                                     S - 4



<PAGE>


                                                                    Exhibit 99.1

                                Certification of
                             Chief Financial Officer
                               of Compressco, Inc.


This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and accompanies the annual report on Form 10-KSB (the "form") for the
year ended December 31, 2002 of Compressco, Inc. (the "Issuer").

I, Gary McBride, the Chief Financial Officer of Issuer certify that to the best
of my knowledge:

     (i)   the Form 10-KSB fully complies with the requirements of section 13(a)
           or section  15(d) of the  Securities  Exchange Act of 1934 (15 U.S.C.
           78m(a) or 78o(d)); and

     (ii)  the information  contained in the Form 10-KSB fairly presents, in all
           material respects,  the financial condition and results of operations
           of the Issuer.

Dated:  March 31, 2003


         By:  /S/ GARY MCBRIDE
              -----------------
              Chief Financial Officer


Subscribed and sworn to before me this 31st day of March 2003.


/S/ Jodi Thompson
--------------------------
Name:  Jodi Thompson
Title: Notary Public

My commission expires:
   April 23, 2005




                                     S - 5