alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 02-2785

___________ George Brown, Jr., * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Gary Kempker, * * [UNPUBLISHED] Appellee. *

___________ Submitted: November 4, 2002 Filed: December 24, 2002

___________ Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit Judges.

___________ PER CURIAM. Missouri inmate George Brown, Jr., appeals the district court’s pre-service dismissal of his 42 U.S.C. § 1983 lawsuit. Mr. Brown also moves for in forma pauperis (IFP) status on appeal. The district court found that Mr. Brown’s appeal was not taken in good faith but ordered deductions from his prisoner account to pay the appellate filing fee in installments; thus, we deny Mr. Brown’s motion as moot. See Henderson v. Norris , 129 F.3d 481, 484 (8th Cir. 1997) (per curiam) (Fed. R. App. P. 24(a)(5) motion to proceed IFP on appeal triggers appellant’s responsibility to pay full appellate filing fee by installment method).-2- Mr. Brown alleged that Gary Kempker, Director of the Missouri Department of Corrections (MDOC), was deducting from his institutional offender account all of his monthly income for outstanding state debts and, contrary to MDOC policy, was not leaving him a balance of at least $7.50. He claimed that this practice was cruel and unusual punishment, that it violated the Equal Protection Clause, and that the deductions were being made in retaliation for his filing lawsuits. Having carefully reviewed the record, we conclude dismissal of Mr. Brown’s equal protection and Eighth Amendment claims was proper. Mr. Brown did not allege that he belongs to a suspect class, or that any other inmate owed as much in state court costs (for which prisoner account deductions were authorized). Thus, he failed to state an equal protection claim. See Village of Willowbrook v. Olech , 528 U.S. 562, 564 (2000) (per curiam) (to proceed with equal protection claim, plaintiff who is not member of suspect class must allege that he “has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment”). Mr. Brown also failed to state an Eighth Amendment claim: although he asserted that he was unable to purchase “necessities,” he did not allege that prison officials had denied any request from him for those necessities. Cf. Scott v. Carpenter , 24 Fed. App. 645, 648 (8th Cir. 2001) (unpublished per curiam) (prisoners can be expected to bear some responsibility for their own hygiene, and officials did not deprive disabled prisoner of his basic needs where he rarely requested showers or warm water for sponge baths). We believe that Mr. Brown sufficiently stated a retaliation claim, however, and that this claim warrants remand for service of process. Accordingly, we affirm in part and remand for further proceedings on the retaliation claim. See 8th Cir. R. 47A(a).-3- A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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* 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. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-20098 Summary Calendar

EDWARD CASTELLANO, Plaintiff-Appellee,

versus

WHOLE FOODS MARKET, INCORPORATED, Defendant-Appellant.

Appeal from the United States District Court

For the Southern District of Texas (CA-H-94-2675)

June 17, 1998

Before POLITZ, Chief Judge, EMILIO M. GARZA and DeMOSS, Circuit Judges.

PER CURIAM: *

This matter is before the court under 28 U.S.C. § 1292(b) as a certified

question from the district court which denied the defendant’s motion to dismiss on

the basis that same-sex harassment was not actionable under Title VII of the Civil1 118 S.Ct. 998 (1998).

2 Id. at 1001-1002.

2 Rights Act of 1964. We welcome the certification.

On March 4, 1998 the Supreme Court of the United States, in O ncale v.

Sundowner Offshore Services, Inc.

, 1 held that “nothing in Title VII bars a claim

of discrimination ‘because of . . . sex’ merely because the plaintiff and defendant

(or the person charged with acting on beh alf of the defendant) are of the same

sex.” 2 Same-sex harassment is a cognizable claim under Title VII.

We AFFIRM the district court and REMAND this case for further

proceedings.
Exhibit 10.2


 


ASSIGNMENT OF RIGHTS


 


(Henderson Beach, Destin, FL)


 


THIS ASSIGNMENT AGREEMENT (the “Assignment”)
is made as of the 22nd day of February, 2016 by and between BLUEROCK REAL ESTATE, L.L.C. (the “Assignor”) and BLUEROCK
RESIDENTIAL GROWTH REIT, INC., through its direct and indirect subsidiaries, BR Henderson Beach, LLC and BRG Henderson Beach, LLC
(collectively the “Assignee”).


 


WITNESSETH:


 


WHEREAS, Assignor as buyer and AHB Apartments,
LLC as seller entered into that certain Real Estate Purchase Agreement dated January 22, 2016 (the “Purchase Contract”)
to acquire the Property as defined in the Purchase Contract); and


 


WHEREAS, Assignor desires to assign to Assignee
all of its right, title and interest in, to and under the Purchase Contract.


 


NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to the Assignee, all of its right, title and
interest in, to and under the Purchase Contract, and Assignee hereby accepts the same and assumes all of Assignor’s obligations
under the Purchase Contract.


 


Assignee acknowledges
that Assignor has previously deposited the sum of $500,000.00 under the Purchase Contract, which amount Assignee will promptly
reimburse to Assignor in connection with this Assignment. Assignee shall make any additional deposits and payments required the
Purchase Contract and, at closing shall further reimburse Assignor for any other reasonable and actually incurred costs or expenses
incurred in connection with the Purchase Contract.


 


The recitals contained above are hereby
incorporated herein.


 


[SIGNATURE PAGE FOLLOWS]


 




     

     

    

 


IN WITNESS WHEREOF, the parties hereto have
executed this Assignment as of the day and year written above.


 


	 	ASSIGNOR:
	 	BLUEROCK REAL ESTATE, L.L.C.,
	 	 	 	 
	 	 	By:	/s/ Jordan Ruddy
	 	 	Name:	Jordan Ruddy
	 	 	Title:	Authorized Signatory


 


	 	ASSIGNEE:
	 	BR Henderson Beach, LLC,
	 	a Delaware limited liability company
	 	 
	 	 	By:	BRG Henderson Beach, LLC, 
	 	 	 	a Delaware limited liability company, 
	 	 	 	its sole member
	 	 	 	 
	 	 	By:	BLUEROCK RESIDENTIAL HOLDINGS, L.P.,
	 	 	 	Its sole member
	 	 	 	 
	 	 	 	By:	/s/ Michael Konig
	 	 	 	Name:	Michael Konig
	 	 	 	Title:	COO, Secretary and General Counsel


 


	 	BRG Henderson Beach, LLC,
	 	a Delaware limited liability company
	 	 
	 	 	By:	BLUEROCK RESIDENTIAL HOLDINGS, L.P.,
	 	 	 	Its sole member
	 	 	 	 
	 	 	 	By:	/s/ Michael Konig
	 	 	 	Name:	Michael Konig
	 	 	 	Title:	COO, Secretary and General Counsel
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2). Trivedi’s request for oral

argument is denied.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RAMNIK TRIVEDI,

 Plaintiff - Appellant,

 v.

UNITED STATES OF AMERICA,

 Defendant - Appellee.

No. 10-55750

D.C. No. 2:09-cv-01885-DDPFFM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dean D. Pregerson, District Judge, Presiding

Submitted November 21, 2011** 

Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.

Ramnik Trivedi appeals pro se from the district court’s summary judgment

in his action alleging wrongful tax collection by the Internal Revenue Service

(“IRS”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

FILED

NOV 23 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-55750

grant of summary judgment. Earl v. Nielsen Media Research, Inc., 658 F.3d 1108,

1112 (9th Cir. 2011). We review for abuse of discretion a denial of a motion for

relief from judgment under Fed. R. Civ. P. 60(b). Lal v. California, 610 F.3d 518,

523 (9th Cir. 2010). We affirm.

The district court properly granted summary judgment because Trivedi

failed to raise a genuine dispute of material fact as to whether the IRS’s collection

actions were timely. See 26 U.S.C. § 6502(a) (collection action must commence

within ten years).

The court did not abuse its discretion in denying Trivedi’s Rule 60(b)

motion on the ground that Trivedi’s neglect in failing to oppose the motion for

summary judgment based on his misunderstanding of the local rules was not

excusable. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S.

380, 392 (1993); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (“Pro se

litigants must follow the same rules of procedure that govern other litigants.”). 

Trivedi failed to establish any other ground warranting relief from judgment. See

Fed. R. Civ. P. 60(b).

AFFIRMED.
AD Economic Evaluation

Docket No. FAA-2013-0526 Directorate ID: 2008-SW-14-AD

Helicopter Model: Bell Helicopter Textron Canada Model 206L-4 and 407 Helicopters

Number of Helicopters (U.S. Operators): 540 Helicopters in the US Registry, but we estimate 

that only 80 helicopters are affected.

Reason: The actions of this AD are intended to prevent failure of the freewheel unit and 

subsequent loss of control of the helicopter.

Costs:

Parts per Helicopter $21,600

Labor per Helicopter

(16 work-hours x $85/workhour for the to replace the 

freewheel)

$1,360

Other (Explain)

Total Cost per Helicopter $22,900

Total US Fleet Cost $1,836,800

Executive Order 12866:

Could the AD be considered a “significant regulatory action?” Yes ( ) No ()

DOT Regulatory Policies and Procedures:

Is the AD significant? Yes ( ) Explain Below No ()

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

Yes ( ) No ()

Project Engineer: Sharon Miles
IN THE SUPREME COURT OF THE STATE OF DELAWARE

CHRISTOPHER J. FORSTER,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff Below,

Appellee.

§

§ 

§ No. 91, 2021

§

§ Court Below-Superior Court

§ of the State of Delaware

§ 

§ Cr. ID Nos. 1805006433

§ 1605006569 (K)

§

§

Submitted: October 29, 2021

Decided: November 16, 2021

O R D E R

(1) The appellant filed a notice of appeal from a Superior Court order 

denying his motion for modification or correction of his violation of probation 

sentence. The Court issued a briefing schedule on July 12, 2021; the appellant’s 

opening brief was due August 12, 2021. On August 17, 2021, and September 17, 

2021, Court staff sent brief delinquency letters to the appellant. On August 30, 2021,

and October 1, 2021, respectively, the postal service returned those letters, marked 

“return to sender” and “unable to forward.” 

(2) On October 18, 2021, after confirming that the Department of 

Correction did not have an alternative address for the appellant, the Senior Court 

Clerk issued a notice, sent by certified mail, directing the appellant to show cause 

why this appeal should not be dismissed for his failure to file an opening brief. On 
2

October 29, 2021, the postal service returned the notice to show cause, with 

markings indicating that the letter could not be delivered or forwarded. 

(3) The appellant having failed to respond to the notice to show cause, to 

file the opening brief, or to report any change of address to the Court, dismissal of 

this action is deemed unopposed. 

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)

and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Tamika R. Montgomery-Reeves

Justice
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Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act
of 2002 (18 U.S.C. 1350)



In connection with the
Quarterly Report on Form 10-Q for the quarter ended June 30, 2017 (the “Report”) of VII Peaks Co-Optivist
Income BDC II, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I,
Michelle E. MacDonald, the Chief Financial Officer, hereby certify, to the best of my knowledge, that:



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



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



|                                     | By: | /s/ Michelle E. MacDonald                                     
|------------------------------------ | --- | --------------------------------------------------------------
|                                     |     | Michelle E. MacDonald                                         
|Dated this 24th day of August, 2017. |     | Chief Financial Officer,                                      
|                                     |     | Treasurer and Secretary                                       
|                                     |     | (Principal Financial Officer and Principal Accounting Officer)
IIA 

113TH CONGRESS 

1ST SESSION S. J. RES. 4 

Proposing an amendment to the Constitution of the United States relating 

to United States citizenship. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23 (legislative day, JANUARY 3), 2013 

Mr. VITTER (for himself and Mr. PAUL), introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States relating to United States citizenship. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within seven years after the date of its submission 

9 for ratification by the Congress: 


smartinez on DSK6TPVN1PROD with 
2 

•SJ 4 IS 

1 ‘‘ARTICLE— 

2 ‘‘A person born in the United States shall not be a 

3 citizen of the United States unless— 

4 ‘‘(1) at the time of the person’s birth, one par5 ent of the person is— 

6 ‘‘(A) a citizen of the United States; 

7 ‘‘(B) an alien lawfully admitted for perma8 nent residence in the United States who resides 

9 in the United States; or 

10 ‘‘(C) an alien performing active service in 

11 the Armed Forces of the United States; or 

12 ‘‘(2) the person is naturalized in accordance 

13 with the laws of the United States.’’. 

Æ 


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