alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5 provides: "The publication of opinions that

have no pre cedential value and merely decide particular cases on

the basis of well-settled principles of law imposes needless

expense on the public and burdens on the legal profession."

Pursuant to that Rule, the Court has determined that this opinion

should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-10034

Summary Calendar

LAWRENCE D. KENEMORE, JR.,

Plaintiff-Appellant,

versus

BAREFOOT SANDERS, ET AL.,

Defendants-Appellees.

Appeal from the United States District Court

for the Northern District of Texas

(94 CV 2227 R)

( August 31, 1995 )

Before HIGGINBOTHAM, DUHÉ, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Lawrence D. Kenemore, J r., an habitual pro se litigant,

appeals the district court's dismissal of two related cases. We

affirm.

In the first of the two dismissed cases, Kenemore sued Chief

Judge Barefoot Sanders and the United States of America,

challenging Chief Judge San ders' denial of his motion to have2

Magistrate Judge Jane Boyle recused. As the district court rightly

noted, "[j]udicial officers are entitled to absolute immunity from

damage claims arising out of acts performed in the exercise of

their judicial functions." G raves v. Hampton

, 1 F.3d 315, 317 (5th

Cir. 1993). Further, sovereign immunity shields the United States

from Kenemore's suit, and Kenemore does not assert that any

congressional act waives that bar. Accordingly, we affirm this

portion of the judgment.

In the second of the two actions at issue here, Kenemore sued

Magistrate Judge Jane Boyle for her decisions in an action to

enforce an administrative subpoena against him, and Assistant U.S.

Attorney Timothy Hauser for his prosecution of that case. We lack

jurisdiction to hear Kenemore's challenge to the order dismissing

this action because Kenemore filed his notice of appeal 61 days

after the order's entry. Kenemore had only 60 days within which to

file a notice of appeal in a case in which the United States, a

federal officer, or a federal agency is a party. Fed. R. App. P.

4(a)(1). Even if we had jurisdiction to consider Kenemore's

appeal, we would reject it on the merits. Magistrate Judge Boyle

is shielded by judicial immunity, and AUSA Hauser by prosecutorial

immunity. See Imbler v. Pachtman , 424 U.S. 409 (1976).

Kenemore also objects that the court below dismissed his cases

without awaiting an answer by the defendants. The court may do so.

Kenemore lists the remainder of his points at the beginning of his1 Kenemore contends that the district court was "practicing

law from the bench," failed to review his complaint to "see

s pecific U.S. Constitutional violations," and erred in "joi ning

t ogether two cases that are totally un-related in the same

memorandum and order."

3 appellate brief, but he fails to brief them. 1 We will not consider

issues not briefed. S ee United States v. Heacock

, 31 F.3d 249, 258

(5th Cir. 1994).

Accordingly, we AFFIRM in part and DISMISS in part.
[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Notices]
[Pages 61826-61827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30322]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Child Health and Human Development; Notice 
of Meeting of the Board of Scientific Counselors

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the Board of Scientific Counselors, National Institute of 
Child Health and Human Development, December 5, 1997, in Building 31, 
Room 2A52.
    This meeting will be open to the public from 8:00 a.m. to 12 noon 
on December 5 for the review of the Intramural Research Program and 
scientific presentations. Attendance by the public will be limited to 
space available.
    In accordance with the provisions set forth in section 552b(c)(6), 
Title 5, U.S.C. and section 10(d) of Public Law 92-463, the meeting 
will be closed to the public on December 5 from 1:00 p.m. to 
adjournment of the review, discussion, and evaluation of individual 
programs and projects conducted by the National Institutes of Health, 
including consideration of personnel qualifications and performance, 
the competence of individual investigators, and similar items, the 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy. Ms. Catherine O'Connor, Senior Biomedical Research 
Program Assistant, NICHD, Building 31, Room 2A50, National Institutes 
of Health, Bethesda, Maryland, 20892-2425, 301-496-2133, will provide a 
summary of the meeting, a roster of Board members, and substantive 
program information upon request. Individuals who plan to attend

[[Page 61827]]

the open session and need special assistance, such as sign language 
interpretation or other reasonable accommodations, should contact Ms. 
O'Connor in advance of the meeting.

    Dated: November 12, 1997.
LaVeen Ponds,
Acting, Committee Management Officer, NIH.
[FR Doc. 97-30322 Filed 11-18-97; 8:45 am]
BILLING CODE 4140-01-M
[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Page 61104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29942]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-58-000]


Kern River Gas Transmission; Notice of Request Under Blanket 
Authorization

November 7, 1997.
    Take notice that on October 31, 1997, Kern River Gas Transmission 
Company (Kern River), P.O. Box 58900, Salt Lake City, Utah 84108-0900, 
filed in Docket No. CP98-58-000 a request pursuant to Sections 157.205 
and 157.211 of the Commission's Regulations under the Natural Gas Act 
(18 CFR 157.205, 157.211) for authorization to operate the Hunter Park 
Meter Station, located in Salt Lake County, Utah, as a certificated 
delivery point under Section 7(c) of the Natural Gas Act (NGA) for the 
delivery of gas under Kern River's blanket certificate issued in Docket 
No. CP89-2048-000, pursuant to Section 7(c) of the Natural Gas Act, all 
as more fully set forth in the request that is on file with the 
Commission and open to public inspection.
    Kern River proposes to operate the Hunter Park Meter Station, 
located in Salt Lake County, Utah, as NGA jurisdictional facilities for 
the delivery of gas to any eligible shipper under Kern River's blanket 
transportation certificate. Kern River states the Hunter Park Meter 
Station was originally constructed in September 1993, pursuant to 18 
CFR Section 284.3 as facilities to be utilized solely for 
transportation authorized by Section 311(a) of the Natural Gas Policy 
Act for Mountain Fuel Supply Company (Mountain Fuel).
    Kern River declares the Hunter Park delivery point consists of a 
meter station with an 8-inch tap, one 12-inch turbine meter run, and 
appurtenant piping and facilities. Kern River states the original cost 
of the Hunter Park Meter Station was $315,532, which was reimbursed by 
Mountain Fuel.
    Any person or the Commission's staff may, within 45 days after 
issuance of the instant notice by the Commission, file pursuant to Rule 
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to 
intervene or notice of intervention and pursuant to Section 157.205 of 
the Regulations under the Natural Gas Act (18 CFR 157.205) a protest to 
the request. If not protest is filed within the time allowed therefore, 
the proposed activity shall be deemed to be authorized effective the 
day after the time allowed for filing a protest. If a protest is filed 
and not withdrawn within 30 days after the time allowed for filing a 
protest, the instant request shall be treated as an application for 
authorization pursuant to Section 7 of the Natural Gas Act.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-29942 Filed 11-13-97; 8:45 am]
BILLING CODE 6717-01-M
Fourth Court of Appeals

San Antonio, Texas

December 8, 2017

No. 04-17-00658-CV

Mauro VILLARREAL,

Appellant

v.

RIO GRANDE CITY MAYOR Joel Villarreal and Rio Grande City Commissioners Arcadio J. 

Salinas, III, Place 1; Rey Ramirez, Place 2; Hernan Garza, III, Place 3; and Dave Jones, Place 4,

Appellees

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. DC-17-134

Honorable J.R. "Bobby" Flores, Judge Presiding

O R D E R

Appellant’s motion for extension of time to file its brief is GRANTED. Appellant’s brief 

is due January 4, 2018.

_________________________________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 8th day of December, 2017.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
For the Docket

Water Quality Standards for the State of Florida’s Lakes and Flowing Waters

Docket ID No. OW-2009-0596

Meeting with Representatives from The Fertilizer Institute and counsel

July 15, 2010

In Attendance:

U.S. Environmental Protection Agency – Ephraim King, OST

 Jim Keating, OST

The Fertilizer Institute – Bill Herz

PCS Phosphate, White Springs – Stanley Posey

Barnes & Thornburg – Fred Andes

Hopping Green & Sams – David Childs

Summary:

The Fertilizer Institute requested the meeting to discuss the proposed Water Quality Standards 

for the State of Florida’s Lakes and Flowing Waters rule, published in January 2010. 

Specifically, FWQC provided comments on:

 Costs of the proposed criteria and effects on industry

 The effect of the criteria on permits 

 Proposed criteria for the North Central and Bone Valley regions

 Implementation of the criteria when final

 Restoration standards

 Procedure for Site-specific Alternative Criteria (SSACs)

 Reference condition approach

EPA did not provide any information about EPA positions regarding addressing comments 

received or possible final rule requirements.
[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62396-62397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30584]


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

DEPARTMENT OF STATE

[Public Notice No. 2633]


Shipping Coordinating Committee Subcommittee on Safety of Life at 
Sea; Working Group on Safety of Navigation; Notice of Meeting

    The Working Group on Safety of Navigation of the Subcommittee on 
Safety of Life at Sea (SOLAS) will conduct an open meeting at 9:30 AM 
on Thursday, December 11, 1997, in room 6103, U.S. Coast Guard 
Headquarters, 2100 Second Street, S.W., Washington, DC.
    The purpose of the meeting is to prepare for the 44th session of 
the Subcommittee on Safety of Navigation (NAV) of the International 
Maritime Organization (IMO) which is scheduled for July 15-19, 1998, at 
the IMO Headquarters in London.
    Items of principal interest on the agenda are:

--Routing of ships, ship reporting, and related matters
--Amendments to the International Regulations for Prevention of 
Collisions at Sea, 1972 (72 COLREGS)
--Revision of SOLAS chapter V
--Development of measures complementary to the Code for Safe Carriage 
of Irradiated Nuclear Fuel (INF)
--Navigational aids and related matters
--International Telecommunication Union (ITU) matters including 
Radiocommunication ITU-R Study Group 8
--Operational aspects of wing in ground (WIG) craft: possible 
amendments to COLREGS
--Revision of the High Speed Craft (HSC) Code

    Members of the public may attend these meetings up to the seating

[[Page 62397]]

capacity of the room. Interested persons may seek information by 
writing: Mr. Edward J. LaRue, Jr., U.S. Coast Guard (G-MOV-3), Room 
1407, 2100 Second Street SW, Washington, DC 20593-0001 or by calling: 
(202) 267-0416.

    Dated: November 10, 1997.
Stephen M. Miller,
Executive Secretary, Shipping Coordinating Committee.
[FR Doc. 97-30584 Filed 11-20-97; 8:45 am]
BILLING CODE 4710-07-M
#### WINN DIXIE STORES, INC. v. BURSE.

No. 39229.

Supreme Court of Florida.

Jan. 1970.

Certiorari denied without opinion. 229 So.2d 266.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 7421** 

LAMONT M. JOHNSON , Petitioner

- Appellant ,
v. DIRECTOR, DEPARTMENT OF CORRECTIONS , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond
. Henry E. Hudson , District Judge. ( 3:09

- cv - 00465

- HEH )

Submitted : December 16, 2010 Decided: December 29, 2010

Before GREGORY, DUNCAN, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion
. Lamont M. Johnson, Appellant Pro Se. Leah A. Darron, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Lamont Marquise Johnson seeks to a ppeal the district
court ’ s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006) . A certificate of appealabili ty will not issue absent “ a substantial showing of the denial of a constitutional right. ” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists woul d find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural
groun ds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and c onclude that Johnson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials3 befo re the court and argument would not aid the decisional
process. DISMISSE D
Page 37.1.101

 

 
 

Page 37.1.102

 


BAY LINE CONCRETE CUTTING & CORING 

Page 37.1.105
Page 37.1.106
Page 37.1.107

 
 

Page 37.1.108

BENNER AUTO REPAIR, INC. 

Page 37.1.110
Page 37.1.111
Page 37.1.112
Page 37.1.113

BERKELEY FARMS

Page 37.1.115
 

Page 37.1.116
Page 37.1.117


BILL BRANDT FORD

Page 37.1.120
Exhibit 32.2

CERTIFICATION

PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002, 10 U.S.C.
SECTION 1350

In connection with the annual report on Form 10-K of Apollo Commercial Real Estate Finance, Inc. (the
Company) for the period ended December 31, 2010 to be filed with Securities and Exchange Commission on or about the date hereof (the Report), I, Stuart A. Rothstein, Chief Financial Officer, Treasurer, and Secretary of
the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



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



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

It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934.

Date: March 11, 2011



|    |  |                                                        
|--- |  | -------------------------------------------------------
|By: |  | /s/ Stuart A. Rothstein                                
|    |  | Stuart A. Rothstein                                    
|    |  | Title: Chief Financial Officer, Treasurer and Secretary
EXHIBIT 31.1





CERTIFICATION PURSUANT TO RULE 13a-14(d)/15d-14(d)





I, Alyson M. Mount, certify that:





1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Entergy Texas Restoration Funding, LLC (the “Exchange Act periodic reports”);





2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;





4.  I am responsible for reviewing the activities performed by the servicer, and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and





5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.





In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon, as Indenture Trustee.





Date:  March 29, 2017








By:  /s/ Alyson M. Mount


Name:  Alyson M. Mount


Title:  Senior Vice President and Chief Accounting Officer


of Entergy Texas, Inc., as Servicer


(Senior officer in charge of the servicing function)
#### Bob E. BENDER, Appellant, v. Dolphfoline BENDER, Appellee.

No. 77-1805.

District Court of Appeal of Florida, Third District.

Aug. 15, 1978.

Rehearing Denied Sept. 15, 1978.

Markus, Winter & Spitale and Laurie S. Silvers, Miami, for appellant.

Goodman, Dunberg & Hochman and Richard G. Dunberg, Miami, for appellee.

Before HAVERFIELD, C. J., and PEARSON and HENDRY, JJ.

PER CURIAM.

This appeal is by the husband from that portion of a final judgment of dissolution of marriage relating to an award of lump sum and permanent alimony to the wife.

It is appellant’s contention that the trial court abused its discretion in awarding the wife the marital home as lump sum alimony and $140.00 per week permanent alimony because the award was not based on the appellant’s financial ability to pay such an award.

An appellate court will not interfere in the determination of the amount of alimony in the absence of a clear showing of an abuse of discretion.

The appellant has failed to demonstrate that the trial court abused its discretion. *Shaw v. Shaw,*334 So.2d 13 (Fla.1976); *Herzog v. Herzog,*346 So.2d 56 (Fla.1977).

Affirmed.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet, statement of income, statement of retained earnings and
statement of cash flows contained in Form 10-Q of Commonwealth Gas Company for
the nine months ended September 30, 1997 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<CIK> 0000022620
<NAME> COMMONWEALTH GAS COMPANY
<MULTIPLIER> 1,000
       
<S>                            <C>
<FISCAL-YEAR-END>              DEC-31-1997
<PERIOD-END>                   SEP-30-1997
<PERIOD-TYPE>                        9-MOS
<BOOK-VALUE>                      PER-BOOK
<TOTAL-NET-UTILITY-PLANT>          261,673
<OTHER-PROPERTY-AND-INVEST>              0
<TOTAL-CURRENT-ASSETS>              78,407
<TOTAL-DEFERRED-CHARGES>            26,433
<OTHER-ASSETS>                           0
<TOTAL-ASSETS>                     366,513
<COMMON>                            71,425
<CAPITAL-SURPLUS-PAID-IN>           27,739
<RETAINED-EARNINGS>                 12,922
<TOTAL-COMMON-STOCKHOLDERS-EQ>     112,086
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<LONG-TERM-DEBT-NET>               109,450
<SHORT-TERM-NOTES>                  15,000
<LONG-TERM-NOTES-PAYABLE>                0
<COMMERCIAL-PAPER-OBLIGATIONS>           0
<LONG-TERM-DEBT-CURRENT-PORT>        3,650
<PREFERRED-STOCK-CURRENT>                0
<CAPITAL-LEASE-OBLIGATIONS>              0
<LEASES-CURRENT>                         0
<OTHER-ITEMS-CAPITAL-AND-LIAB>     126,327
<TOT-CAPITALIZATION-AND-LIAB>      366,513
<GROSS-OPERATING-REVENUE>          235,286
<INCOME-TAX-EXPENSE>                 4,281
<OTHER-OPERATING-EXPENSES>         215,802
<TOTAL-OPERATING-EXPENSES>         220,083
<OPERATING-INCOME-LOSS>             15,203
<OTHER-INCOME-NET>                     319
<INCOME-BEFORE-INTEREST-EXPEN>      15,522
<TOTAL-INTEREST-EXPENSE>             7,742
<NET-INCOME>                         7,780
<PREFERRED-STOCK-DIVIDENDS>              0
<EARNINGS-AVAILABLE-FOR-COMM>        7,780
<COMMON-STOCK-DIVIDENDS>             5,714
<TOTAL-INTEREST-ON-BONDS>            5,002
<CASH-FLOW-OPERATIONS>              42,740
<EPS-PRIMARY>                            0
<EPS-DILUTED>                            0
        


</TABLE>
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60139

BERNARDINO BERRUN-PLATA, Petitioner,

versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A37-208-858

-------------------- March 7, 2002 Before REAVLEY, WIENER, and PARKER, Circuit Judges. PER CURIAM: * Bernardino Berrun-Plata petitions for review of an order ofthe Board of Immigration Appeals (BIA) holding that BerrunPlata’s state conviction for felony driving while intoxicated was an aggravated felony warranting his removal from this country. The respondent has moved to dismiss the petition for review and to remand the case to the BIA for reconsideration in light of United States v. Chapa-Garza , 243 F.3d 921, 927 (5th Cir. 2001). Berrun-Plata has not replied to the respondent’s motion to remand.No. 01-60139 -2- Berrun-Plata’s petition for review is GRANTED. The order of the BIA is VACATED, and this case is REMANDED to the BIA for disposition consistent with Chapa-Garza , 243 F.3d at 927. All other outstanding motions are DENIED.
#### STATE of Louisiana ex rel. Percy JOHNSON v. Hon. Charles R. WARD, Judge, Section “A”, Criminal District Court, Parish of Orleans.

No. 62201.

Supreme Court of Louisiana.

June 16, 1978.

In re: Percy Johnson applying for writs of habeas corpus, certiorari, prohibition and mandamus. Parish of Orleans.

Writ denied. No particularized need shown. See trial Court’s return, which Clerk of this Court is to forward to relator.