alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 99-40588

-1-

 

* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-40588 

Summary Calendar

 

ALPHONSO SMITH,

Plaintiff-Appellant,

versus

STEVEN WILLIAMS, Sergeant, Coffield Unit; ALL DEFENDANTS;

K. McCANN; T. HANDSBOROUAH; S. SANCHEZ; C. SLATER;

K. MILLER; C.E. SMITH; UPSHAW; JOSPHEN PRICE; H.C. BRYANT;

JOHN EASTON; BERNIE L. BUSH,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:98-CV-490

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

April 14, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Alphonso Smith, Texas prisoner #621036, appeals from the

dismissal of his civil rights action as frivolous. Smith

contends that the defendants were deliberately indifferent to his

serious medical condition because they worked him beyond his

medical limitations and that he did not receive due process at a 

disciplinary hearing presided over by one of the defendants. 

Because he failed to file objections to the magistrate judge’s
No. 99-40588

-2-

report, Smith’s contentions are reviewed under the plain-error

standard. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,

1428-29 (5th Cir. 1996)(en banc).

The record indicates that the defendants may have been

negligent, slow to acknowledge that Smith was being worked beyond

his medical restrictions, not that they were deliberately

indifferent to those restrictions. The district court did not

commit plain error by dismissing Smith’s deliberate-indifference

claim. Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993).

It is unclear which of the hearings presided over by Officer

Bernie Bush formed the basis of Smith’s claim against him. 

Regarding the October 7, 1996, hearing, the restrictions placed

on Smith at that hearing did not impose atypical hardships on

Smith in relation to the ordinary incidents of prison life. 

Smith therefore failed to allege any due process violation. 

Sandin v. Conner, 515 U.S. 472, 484 (1995). Regarding the

November 5, 1996, hearing, Smith was punished in part with a loss

of good-conduct time, and he has failed to have that hearing

invalidated. He has no civil rights cause of action regarding

that hearing. Edwards v. Balisok, 520 U.S. 641, 648-49 (1997).

AFFIRMED.
#### PAN AM MANUFACTURING & SALES, INC., as employer, and the Hartford Insurance Group, as workmen’s compensation carrier, Petitioners, v. Santiago RIOS, claimant, and the Industrial Relations Commission, Respondents.

No. 44676.

Supreme Court of Florida.

March 7, 1974.

Certiorari denied.

ADKINS, C. J., and ROBERTS, ERVIN and BOYD, JJ., and CARLTON, Ret. J., concur.
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 4, 2011 

# Order

February 4, 2011

140685(57)

CAROL DRAKE and CLELLEN BURY, Plaintiffs-Appellants, SC: 140685 v COA: 287502 Berrien CC: 2008-000247-CE CITY OF BENTON HA RBOR and HARBOR SHORES COMMUNITY REDEVELOPMENT CORPORATION, Defendants-Appellees.

___________________ _____________________

On order of the Chief Justic e, the motion by th e Attorney General for leave to file
a brief amicus curiae is granted.
Exhibit 32.1




Certification by the Chief Executive Officer pursuant to 18 U.S.C. 1350


as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Quarterly Report of Mobilized Entertainment, Inc. (the “Company”) on the Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kevin Day, Chief Executive Officer, President, Secretary, Treasurer, Controller and Director of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:





(i)        the Report filed by the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(ii)       The information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.





Mobilized Entertainment, Inc.Date: March 30, 2011

By:

/s/ Kevin DayKevin Day

Chief Executive Officer, President, Secretary, Treasurer, Controller and Director





This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.
# L_2005121EN.01008501.xml

| 13.5.2005 | EN | Official Journal of the European Union | L 121/85 |
| --- | --- | --- | --- |

13.5.2005

EN

Official Journal of the European Union

L 121/85

---

COMMISSION REGULATION (EC) No 728/2005

of 12 May 2005

fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 4 thereof,

Having regard to Commission Regulation (EC) No 1565/2004 of 3 September 2004 on a special intervention measure for oats in Finland and Sweden for the 2004/2005 marketing year (3),

Whereas:

| (1) | An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004. |
| --- | --- |

(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004.

| (2) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed. |
| --- | --- |

(2)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 6 to 12 May 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1565/2004, the maximum refund on exportation of oats shall be 34,96 EUR/t.

Article 2

This Regulation shall enter into force on 13 May 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 May 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

(3)  
  OJ L 285, 4.9.2004, p. 3.

3

---
#### Warren J. TULLIER, Sr., et al. v. TANSON ENTERPRISES, INC., et al.

No. 62617.

Supreme Court of Louisiana.

Sept. 1, 1978.

In re: Warren J. Tullier, Sr., et al., applying for certiorari, or writ of review, to the *578Court of Appeal, First Circuit. Parish of East Baton Rouge.

Writ denied.

CALOGERO and DENNIS, JJ., vote to grant the writ.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00567-CV

In re Thomas Ritchie McBride

ORIGINAL PROCEEDING FROM BELL COUNTY

M E M O R A N D U M O P I N I O N

Relator Thomas Ritchie McBride has filed a petition for writ of mandamus,

complaining of the validity of the indictment against him and of the trial court’s failure to rule on

a petition for writ of habeas corpus. See Tex. R. App. P. 52. Having reviewed the petition and its

attachments, we deny the petition for writ of mandamus. See id. R. 52.8(a).

__________________________________________

David Puryear, Justice

Before Justices Puryear, Pemberton, and Field

Filed: August 31, 2016
Petition for Writ of Mandamus Denied and Memorandum Opinion filed

November 16 , 20 2 3

.

In The



## Fourteenth Court of Appeals

NO. 14

- 2 3

- 00 841

- CV

IN RE RAFAEL RAZO , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 434 th District Court Fort Bend County, Texas Trial Court Cause No. 20

- DCV

- 273281



### MEMORANDUM OPINION

On November 7, 2023 , relator Rafael Razo filed a petition for writ of

m andamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator asks this Court to compel the Honorable J. Christian Becerra and Argie Brame, respectively the presiding and associate judges of the
434th District Court
, to vacate an order retaining the trial court proceeding on the
trial court’s docket

. Relator ha s not established that he is entitled to mandamus relief. Accordingly, we deny relator ’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Jewell.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

APPOINTMENT TO THE CIVIL

PROCEDURAL RULES COMMITTEE :

:

: NO. 705

CIVIL PROCEDURAL RULES DOCKET

ORDER

PER CURIAM

AND NOW , this 14 th day of May, 2020, Benjamin J. Baer, Esquire, Philadelphia, is

hereby appointed as a member of the Civil Procedural Rules Committee for a term of six

years, commencing July 1, 2020

.

Justice Baer did not participate in this matter.
EXHIBIT 32

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

In connection with the Quarterly Report of Diversified Product Inspections, Inc.
(the "Company") on Form 10-QSB for the period ended June 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Chief Executive Officer and Chief Financial Officer of the Company,
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with the requirements of section 3(a) or 15(d) of
     the Securities and Exchange Act of 1934; and

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



                         /s/ John Van-Zyll
                         --------------------------------------------
                         By: John Van-Zyll
                         Chief Executive Officer/Chief Financial Officer
                         Date: August 13, 2004
EXHIBIT 99.1





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





In connection with the Quarterly Report on Form 10-Q of Cognitronics
Corporation (the "Company") for the period ending June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of
the undersigned certifies that, to my knowledge, the report fully
complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in
the report fairly presents, in all material respects, the financial
condition and results of operations of the Company.






/s/ Brian J. Kelley

Brian J. Kelley
President and Chief Executive Officer
August 14, 2002




/s/ Garrett Sullivan

Garrett Sullivan
Treasurer and Chief Financial Officer
August 14, 2002
[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Page 54453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27664]



[[Page 54453]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Tendered for Filing With the Commission

October 14, 1997.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Minor License.
    b. Project No.: P-10768-001.
    c. Date Filed: August 28, 1997.
    d. Applicant: City of Portland, Michigan.
    e. Name of Project: Municipal Hydroelectric Facility.
    f. Location: On the Grand River in Ionia County, Michigan.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Robert Masselink, P.E. or Glen Hendrix, Earth 
Tech, Inc., 5555 Glenwood Hills Parkway, Grand Rapids, MI 49588, (616) 
942-9600.
    i. FERC Contact: William Diehl, P.E. (202) 219-2813.
    j. Comment Date: 60 days from the issuance date of this notice.
    k. Description of Project: The constructed project consists of the 
Portland Municipal Dam, a reservoir of about 625 acre-feet on the Grand 
River, and a forebay and powerhouse complex located at the south end of 
the dam. The powerhouse is equipped with two turbine-generator units 
having a total installed capacity of 375 kW.
    1. With this notice, we are initiating consultation with the 
MICHIGAN STATE HISTORIC PRESERVATION OFFICER (SHPO), as required by 
section 106, National Historic Preservation Act, and the regulations of 
the Advisory Council on Historic Preservation, 36, CFR 800.4.
    m. Pursuant to Sec. 4.32(b)(7) of 18 CFR of the Commission's 
regulations, if any resource agency, Indian Tribe, or person believes 
that an additional scientific study should be conducted in order to 
form an adequate factual basis for a complete analysis of the 
application on its merit, the resource agency, Indian Tribe, or person 
must file a request for a study with the Commission not later than 60 
days from the issuance date of this notice and serve a copy of the 
request on the applicant.
Lois D. Cashell,
Secretary.
[FR Doc. 97-27664 Filed 10-17-97; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>

                                                                    Exhibit 10.1

                       EXECUTIVE TERM LIFE INSURANCE PLAN

     On November 5, 2002, the Board of Directors of School Specialty, Inc.
approved an Executive Term Life Insurance Plan (the "Plan"). The Plan provides
for $20 million of term life insurance coverage on the life of David J. Vander
Zanden, President and Chief Executive Officer of School Specialty, Inc. The
Plan, funded by School Specialty, Inc., provides coverage under two separate
policies. The first policy provides for $10 million of coverage, with School
Specialty, Inc. designated as the beneficiary. The second policy provides for
$10 million of coverage, with beneficiaries designated by David J. Vander
Zanden.
EXHIBIT 13.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Annual Report of China Metro-Rural Holdings Limited (the Company) on Form 20-F for the fiscal year ended March 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Sio Kam
Seng, Chief Executive 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 my knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

July 18, 2013



|       |  |                        
|------ |  | -----------------------
|       |  | /s/ Sio Kam Seng       
|Name:  |  | Sio Kam Seng           
|Title: |  | Chief Executive Officer
**CERTIFICATIONS**
 
 
 
 I, Kevin
D. Johnson, certify that;
 
 (1) I
have reviewed this quarterly report on Form 10-QSB/A of Snap2 Corporation;
 
 (2) Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;
 
 (3) Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report;
 
 (4) The
small business issuer’s other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:
 
 a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;
 
 b)
Evaluated the effectiveness of the small business issuer’s disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and
 
 c)
Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer’s fourth quarter
in the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the small business issuer's internal control over
financial reporting; and
 
 (5) The
small business issuer’s other certifying officer(s) and I have disclosed, based
on our most recent evaluation of the internal control over financial reporting,
to the small business issuer’s auditors and the audit committee of small
business issuer’s board of directors (or persons performing the equivalent
functions):
 
 a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer’s ability to record, process,
summarize and report financial information; and
 
 b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the small business issuer’s internal control over
financial reporting.
 
 
 
 Date:  May 18,
2005
 
 
 /s/
Kevin D. Johnson
 By: Kevin
D. Johnson
 Title:
Chief Financial Officer
DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20220 

August 19, 2011 

Jeffrey J. Hurd, Esq. 

Senior Vice President – 

Human Resources and Communications 

American International Group, Inc. 

180 Maiden Lane

22nd Floor 

New York, NY 10038-4925 

Re: Compensation Payments and Structure for AIG “Top 25” Employee 

Dear Mr. Hurd: 

Pursuant to the Department of the Treasury’s Interim Final Rule on TARP Standards for 

Compensation and Corporate Governance (the “Rule”),1

 on April 1, 2011, the Office of the 

Special Master issued a determination letter (the “2011 Determination Letter”) to American 

International Group, Inc. (“AIG”), with respect to 2011 compensation payments and structures 

for AIG’s “top 25” executive officers and most highly compensated employees. 31 C.F.R. 

§ 30.16(a)(3)(i). 

Following receipt of the 2011 Determination Letter, AIG requested a change in the 

compensation for a particular employee who has received a significant promotion that will 

substantially increase the employee’s responsibilities. The total direct compensation that AIG 

has proposed for this employee would be below the 50th percentile of total direct compensation 

paid to persons in similar positions or roles at similar entities. The cash salary and stock salary 

proposed would be effective as of July 1, 2011. In light of the particular facts as communicated 

by AIG with respect to such employee’s promotion and role at AIG, and as previously discussed 

with you, the Office of the Special Master has approved this request. Accordingly, Exhibit I to 

the 2011 Determination Letter is hereby amended as follows: 

Employee ID Cash Salary Stock Salary

Long-Term 

Restricted Stock

Total Direct 

Compensation

188 $500,000 $1,900,000 $800,000 $3,200,000 

 

 

1

 The Interim Final Rule and all determination letters issued by the Office of the Special Master are available at 

www.financialstability.gov (click on “Executive Compensation” and follow the link to “Executive Compensation 

Rules and Guidance” or “Special Master Determination Letters, Fact Sheets, and Reports”, as applicable).