alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 T H C IR

. R

. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

June 12, 2003

Charles R. Fulbruge III

Clerk UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

____________

No. 02-61075

(Summary Calendar)

____________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OLEN MAFFETT POUND,

Defendant-Appellant.

Appeal from the United States District Court

For the Northern District of Mississippi

Nos. 3:95-CV-135-P & 89-CR-42-S1

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Federal prisoner Olen Maffett Pound appeals the district court’s denial of his motion for relief

from the judgment denyin g his first 28 U.S.C. § 2255 petition. Pound seeks to reopen his initial

§ 2255 petition pursuant to F ED

. R. C IV

. P. 60(b) and t o add new claims pursuant to-2-

F ED

. R. C IV

. P. 15.

Because Pound invokes Rule 60(b) in an attemp t t o alter the judgment in his initial habeas

proceeding, his motion should be construed as a successive habeas petition. Hess v. Cockrell , 281

F.3d 212, 214 (5th Cir. 2002). Since Pound did not request leave from this Court to file a successive

habeas petition, the district court was without jurisdiction to consider his Rule 60(b) motion. S ee 28

U.S.C. § 2244(b)(3)(A) (“Before a second or successive application permitted by this section is filed

in the dist rict co urt , the applicant shall move in the appropriate court of appeals for an order

authorizing the district court to consider the application.”); United States v. Key

, 205 F.3d 773, 774

(5th Cir. 2000) (per curiam) (“[Section] 2244(b)(3)(A) acts as a jurisdictional bar to the district

court’s asserting jurisdicti o n o ver any successive habeas petition until this court has granted the

petitioner permission to file one.”).

Where, as here, the district court w as wit ho ut jurisdiction to consider a successive habeas

petition, “[o]ur jurisdiction extends not to the merits but merel y for the purpose of correcti ng the

error of the lower court in entertaining the suit.” K ey

, 205 F.3d at 774 (quoting New York Life Ins.

Co. v. Deshotel

, 142 F.3d 873, 882 (5th Cir. 1998)). Accordingly, we VACATE the judgment of the

district court and DISMISS this appeal for lack of jurisdiction.
-80 -79 -78 -77 -76 -75 -74

 38

 39

 40

 41

▲ ★

▲

▲

▲

★

▲ ▲ ▲ ▲

 500

 1000

 1500

 500

18 12 06 00

07/17

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 17 Jul 06

 EDAS Meteorological Data

Source

★ at 38.50 N 76.81 W Meters AGL
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Page 46020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19635]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Wednesday, October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Rosalia at 1-888-912-1227 or 
(718) 834-2203.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee will be held Wednesday, October 10, 
2018, at 2:00 p.m. Eastern Time via teleconference. The public is 
invited to make oral comments or submit written statements for 
consideration. Due to limited conference lines, notification of intent 
to participate must be made with Robert Rosalia. For more information 
please contact Robert Rosalia at 1-888-912-1227 or (718) 834-2203, or 
write TAP Office, 2 Metrotech Center, 100 Myrtle Avenue, Brooklyn, NY 
11201 or contact us at the website: http://www.improveirs.org. The 
agenda will include various IRS issues.

    Dated: September 1, 2018.
Kevin Brown,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2018-19635 Filed 9-10-18; 8:45 am]
 BILLING CODE 4830-01-P
Exhibit 32.1





NETWORKING PARTNERS, INC.


A Nevada corporation


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of Networking Partners, Inc. ("Company") on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Pino G. Baldassarre, President and Chief Executive Officer, certify, pursuant to 18 U.S.C. §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 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.





A signed original of this written statement required by Section 906, or other document authentication, acknowledging, or otherwise adopting the signature that appears in typed from 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.








Date:  August 15, 2011
/s/Pino G. BaldassarrePino G. BaldassarrePresident and Chief Executive Officer(Principal Executive Officer)
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II 

Calendar No. 130 

113TH CONGRESS 

1ST SESSION S. 659 

[Report No. 113–73] 

To reauthorize the Reclamation States Emergency Drought Relief Act of 

1991, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2013 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

JULY 15, 2013 

Reported by Mr. WYDEN, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To reauthorize the Reclamation States Emergency Drought 

Relief Act of 1991, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF RECLAMATION STATES EMER4 GENCY DROUGHT RELIEF ACT OF 1991. 

5 (a) TERMINATION OF AUTHORITY.—Section 104(c) 

6 of the Reclamation States Emergency Drought Relief Act 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 659 RS

1 of 1991 (43 U.S.C. 2214(c)) is amended by striking 

2 ‘‘2012’’ and inserting ‘‘2018’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 301 of the Reclamation States Emergency Drought Relief 

5 Act of 1991 (43 U.S.C. 2241) is amended— 

6 (1) by striking ‘‘$90,000,000’’ and inserting 

7 ‘‘$110,000,000’’; and 

8 (2) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 301 of the Reclamation States Emergency Drought Relief 

11 Act of 1991 (43 U.S.C. 2241) is amended by striking 

12 ‘‘2012’’ and inserting ‘‘2018’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 130 

113TH CONGRESS 

1ST SESSION S. 659 

[Report No. 113–73] 

A BILL 

To reauthorize the Reclamation States Emergency 

poses. Drought Relief Act of 1991, and for other purJULY 15, 2013 

Reported with an amendment 

mstockstill on DSK4VPTVN1PROD with BILLS
AAM-12-052-E 

October 31, 2011 

 Exemption No. 10382 

 Regulatory Docket No. FAA-2011-1187 

Mr. Robert Massari 

Director of Operations 

Napa Jet Center, Inc. 

2030 Airport Road 

Napa, CA 94558 

Dear Mr. Massari: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated October 21, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Napa Jet Center, Inc. (NJC) for an exemption from part 120 to allow NJC, which 

is operating under separate parts of Title 14, Code of Federal Regulations (14 CFR), to cover 

its safety-sensitive employees under one testing program. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to NJC. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 9703 (copy enclosed), the FAA 

found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 

operations. The FAA also found that combining the petitioner’s two testing programs into one 

would be in the public interest and would maintain an equivalent level of safety to that 

provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden 

the petitioner by requiring it to conduct two separate testing programs. 

Having reviewed your reasons for requesting an exemption, I find that— 
2 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9703; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Napa Jet Center, Inc. an exemption from part 120 to the 

extent necessary to allow NJC, which is operating under separate parts of the regulations, to 

cover its safety-sensitive employees under one testing program, subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. Employees of NJC are subject to the drug and alcohol regulations at all times 

while conducting operations under part 135 or part 91. 

2. The drug and alcohol testing program must be implemented under the auspices of 

the NJC part 135 operation, not under part 91. 

This exemption terminates on October 31, 2013 unless sooner superseded or rescinded. 

Sincerely,

/s/ 

James R. Fraser, M.D. 

Deputy Federal Air Surgeon 

Enclosure
EX-4.5


 Exhibit 4.5 

AMENDMENT NO. 1 TO THE ATWOOD OCEANICS, INC. 

2013 LONG-TERM INCENTIVE PLAN 

FEBRUARY 17, 2016 

WHEREAS, Atwood Oceanics, Inc., a Texas corporation (the “Company”), with shareholder approval, established an
incentive plan effective February 14, 2013, known as the Atwood Oceanics, Inc. 2013 Long-Term Incentive Plan (the “Plan”). 

WHEREAS, the Company, as authorized by the Board of directors and subject to shareholder approval, wishes to amend the Plan as set
forth below: 
 1. Effective Date. This amendment (“Amendment”) will be effective February 17, 2015, upon approval by a
majority of the Company’s shareholders. 
 2. Section 5 (a) of the Plan is replaced in its entirety by the following: 

5. Shares of Common Stock Reserved for this Plan. 

(a) Subject to adjustment as provided in Section 11 hereof, a total of 4,500,000 shares of Common Stock plus any shares
subject to outstanding awards under the 2007 Plan that are forfeited, terminated, expire unexercised, settled in cash, or exchanged for Awards that do not involve Common Stock, shall be reserved for issuance upon the exercise or payment of Awards
granted pursuant to this Plan. Such shares may be shares of original issuance or treasury shares or a combination of the foregoing. 
 3.
Terms used in this Amendment and not defined herein are used herein as they are defined in the Plan. References to “this Plan” (and indirect references such as “hereof” and “herein”) are amended to refer to the Plan as
amended by this Amendment. 
 4. Except as expressly amended hereby, the Plan shall remain in full force and effect. 

 

	
	Attested to by the Corporate Secretary of Atwood Oceanics, Inc., as adopted by the Board of Directors as of November 19, 2015.
	
	/s/ Walter A. Baker
Exhibit 32.1

SECURE NetCheckIn INC.

A Nevada corporation

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of SECURE NetCheckIn Inc. ("Company") on Form 10-Q for the quarter ended September 30, 2011, as filed with the Securities and Exchange Commission on the date hereof ("Report"), I, Brandi DeFoor, President, Chief Executive Officer and Chief Financial Officer, certify, pursuant to 18 U.S.C. ss.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 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.

A signed original of this written statement required by Section 906, or other document authentication, acknowledging, or otherwise adopting the signature that appears in typed from 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.
|  

SECURE NetCheckIn INC.

Dated: November 9, 2011

By:

  /s/ *Brandi L. DeFoor*

 

 

Brandi L. DeFoor

 

 

President & Chief Executive Officer |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
EXHIBIT 1.7





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 Development Capital Group, Inc.., (the "Company") on Form 10-Q for the quarterly period ended June 30, 2012, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Viktoriya Korobkina, the 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:



|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. | 
|  |                                                                                                                                                          | 
|  |                                                                                                                                                          | 
|  |                                                                                                                                                          | 
|  |                                                                                                                                                          | 





|IDated:
        August 17  , 2012 |  |  |  | 
|--------------------------------- |  |  |  | 
|                                  |  |  |  | 
|/s/                               |  |  |  | 
|ViktoriyaKorobkin                 |  |  |  | 
|Chief Financial Officer           |  |  |  | 
|                                  |  |  |  |
II 

113TH CONGRESS 

1ST SESSION S. 831 

To limit the authority of the Secretary of the Interior to issue regulations 

before December 31, 2017, under the Surface Mining Control and Reclamation Act of 1977. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2013 

Mr. COATS (for himself, Mr. LEE, Mr. BARRASSO, Mr. CHAMBLISS, Mr. 

COBURN, Mr. CRAPO, Mr. ENZI, Mr. HOEVEN, Mr. ISAKSON, Mr. RISCH, 

Mr. VITTER, Mr. WICKER, Mr. SESSIONS, and Mr. HATCH) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To limit the authority of the Secretary of the Interior to 

issue regulations before December 31, 2017, under the 

Surface Mining Control and Reclamation Act of 1977. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coal Miner Employ5 ment and Domestic Energy Infrastructure Protection Act 

6 of 2013’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 831 IS

1 SEC. 2. LIMITATION ON AUTHORITY TO ISSUE REGULA2 TIONS UNDER THE SURFACE MINING CON3 TROL AND RECLAMATION ACT OF 1977. 

4 The Secretary of the Interior may not, before Decem5 ber 31, 2017, issue or approve any proposed or final regu6 lation under the Surface Mining Control and Reclamation 

7 Act of 1977 (30 U.S.C. 1201 et seq.) that would— 

8 (1) adversely impact employment in coal mines 

9 in the United States; 

10 (2) cause a reduction in revenue received by the 

11 Federal Government or any State, tribal, or local 

12 government, by reducing through regulation the 

13 quantity of coal in the United States that is avail14 able for mining; 

15 (3) reduce the quantity of coal available for do16 mestic consumption or for export; 

17 (4) designate any area as unsuitable for surface 

18 coal mining and reclamation operations; 

19 (5) expose the United States to liability for tak20 ing the value of privately owned coal through regula21 tion; or 

22 (6) cause further time delays to permitting or 

23 increase costs. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
# ~u~allu~**T~ibe**

# afIndians

Michael A. Bussell, Director Office ofWater and Watersheds Environmental Protection Agency 1200 Sixth Avenue, Suite 900 Seattle, Washington 98101-3140 Re: Denial of401 Certification by the Puyallup tribe ofIndians under Clean Water Act (CWA) Section 401 for the National Pollutant Discharge Elimination System (NPDES) General Permit for Point Source Discharges from the Application ofPesticides to Waters ofthe United States in Indian Country

Dear DirectorBussell: As required under Section 40I ofthe Clean Water Act, the Puyallup Tribe ofIndians has been requested by EPA to certify point source discharges to waters ofthe United States overlying tribal trust lands from the application ofpesticides. Weunderstand the Pesticides General Permit (PGP) includes regulation from the application ofbiological and chemical pesticides that leave a residue and covers the following use patterns: mosquito and other flying insect pest control, aquatic weed and algae control, aquatic nuisance animal control, and forest canopy pest control. Upon review ofthe Draft Pesticide General Permit published on June 4,2010,40 C.F.R. 124.53(C)(1) and supporting documentation, the Puyallup Tribe ofIndians denies 401 certification. The Tribe will require individual 40I certifications for all discharges subject to the PGP. Thank you for your consideration ofourposition regarding 401 WQ Certification to EPA's Pesticides General Permit. Sincerely,

CharNaylor, Puyallup Tribe, Water Quality Program Manager 

## JAN 1

## 1 2011

3009 E. Portland Ave. 

## • Tacoma, Washington 98404 

## • (253) 573-7800