alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH CIR

. R. 47.5, the court has determined that thisopinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 26, 2007 Charles R. Fulbruge III Clerk 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40480 Summary Calendar

LARRY MARTIN ROCHE Plaintiff-Appellant

v. DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION; UNKNOWN TEEMS, Employee of CMC; PEGGY UNKNOWN, Employee of CMC; JOHN DOE, 1, Director of University of Texas Medical Branch; JOHN DOE, II, Medical Manager for UTMB, Estelle Unit; JOHN DOE, III, Medical Manager for UTMB, Powledge Unit; JOHN DOE, IV, Director of Correctional Management Care Defendants-Appellees

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:05-CV-280
Before WIENER, GARZA, and PRADO, Circuit Judges. PER CURIAM: * Plaintiff-Appellant Larry Martin Roche, Texas prisoner # 1079651, appeals the denial of his Fed. R. Civ. P. 60(b) motion, wherein he sought relief from a j udgment dismissing his 42 U.S.C. § 1983 suit for failure to exhaustNo. 06-40480

2 administrative remedies. Roche contends that the magistrate judge abused her discretion by denying his Rule 60(b) motion, insisting that he had exhausted the remedies that were available to him. Alternatively, he asserts that the exhaustion requirement should have been excused, because prison officials prevented him from filing timely grievances. Roche’s appeal from the denial ofhis Rule 60(b) motion does not bring up the underlying judgment for review. I n re Ta Chi Navigation (Panama) Corp

. S.A., 728 F.2d 699, 703 (5th Cir. 1984). We review the magistrate judge’s denial of Roche’s Rule 60(b) motion for abuse ofdiscretion. See Warfield v. Byron, 436 F.3d 551, 555 (5th Cir. 2006). Roche's Rule 60(b) motion did not indicate the statutory basis for reconsideration, and did he raise any new issues in the motion. Roche has not demonstrated that the magistrate judge abused her discretion by denying his Rule 60(b) motion

. See Matter of Colley, 814 F.2d 1008, 1010-11 (5th Cir. 1987). AFFIRMED.
**Exhibit 32.2**

 

**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 New Enterprise Stone & Lime Co., Inc. (the “Company”) on Form 10-Q for the quarter ended November 30, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-Q”), I, Albert L. Stone, 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:

 

(i)           the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

 

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

 

Dated: April 1, 2013

 

 
| /s/ Albert L. Stone                                 |   |
|-----------------------------------------------------|--------|
| Albert L. Stone                                     |   |
| *Senior Vice President and Chief Financial Officer* |   |

 

----
VERTX

– ADDENDUM ADDING ADDITIONAL UA’s Page 1 of 

### 2 May 11, 2015 U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS)

Re: Addendum to Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam :

Vertical Information Services, Inc., h a s prepared the following addendum to our Exemption Request filed

on March 4th 2015 . This Addendum allows for the inclusion of additional Vertical Take

- Off and Landing (VTOL) UA’s as follows:

• DJI Phantom 3

• DJI Inspire 1

The UA's listed above:

• Are produced by the same manufacturer as the DJI Phantom 2 Vision in the original request

• Have the same components as the DJI Phantom 2 Vision in the original request

• Have the same operating procedures as the DJI Phantom 2 Vision in the original request

• Will be oper ated in the same manner as the DJI Phantom 2 Vision in the original request

THE UNMANNED AIRCRAFT (UA):

• DJI Models: Phantom 3, and Inspire 1 are lightweight (under 3lbs, and 6.5lb. gross weight respectively), battery operated Multi

- Rotor VTOL aircraft

• A n on

- board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

- based transmitter/controller

• An on

- board camera attached to the UA via a three axis gimbal, capable of capturing full color, high de finition imagery

• An on

- board telemetry system that delivers flight data from the on

- board flight computer to the

on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site

THE GROUND STATION

- BASED PART OF THE SYSTEM:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and
who controls the UA while in the air

• A radio transmitter/controller operated by the PIC to control the UA while in flight

• A Ground Station (Tablet or Smart Phone based App) which receives and displays real time system telemetry and imagery from the UA

• A Visual Observer (VO) is a person who p rovides a second pair of eyes to visually track the UA while in flight.VERTX

– ADDENDUM ADDING ADDITIONAL UA’s Page 2 of 

### 2 o Appendix A is part of the original request p ertains to flight operations

o Appendix B is part of the original request and includes the DJI Phantom 2 Vision ’ s User’s Manual

• Appendix C includes the DJI Phantom 3 and Inspire 1 ’ s Users’ Manuals

.
This Addendum makes no other changes to the original request including exemptions sought, rea sons for exemption request, and/or operating parameters.

The name and contact information o f the applicant remains the same:

S inc e r e l y ,

Eric Andelin

Owner Vertical Information Services, Inc.
Phone: 813.992.6612 Email: eric@vertisx.com

App e ndix C

– Users Man ua ls (Phantom 3, and Inspire 1 )VERTX

– APPENDIX C

– USERS MANUALS AP P E N DIX C

– USERS MANUAL S ( DJI PHANTOM 3, INSPIRE 1 )

This page intentionally left blank
#### Lewis Tedaldi, Also Known as Lou Tedaldi, Respondent, v David Lerner et al., Appellants.

In an action to recover damages for fraud, the defendants appeal from (1) so much of an order of the Supreme Court, Orange County (Peter Patsalos, J.), dated January 26, 1989, as denied their motion to compel summary judgment dismissing the complaint in its *604entirety, (2) so much of an order of the same court, dated August 17, 1989, as granted the plaintiffs motion to compel compliance with an outstanding discovery order, and (3) an order of the same court, dated November 14, 1989, which (a) denied that branch of the defendant’s motion which sought renewal of the prior motion for summary judgment, and (b) denied that branch of their motion which sought sanctions pursuant to 22 NYCRR 130-1.1.

Ordered that the appeals from the orders dated January 26, 1989, and August 17, 1989, are dismissed as abandoned; and it is further,

Ordered that the appeal from so much of the order dated November 14, 1989, as denied that branch of the defendants’ motion as sought renewal of a prior motion is dismissed, as that motion was actually a motion seeking reargument, the denial of which is not appealable; and it is further,

Ordered that the order dated November 14, 1989, is affirmed insofar as reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

Generally, an application for leave to renew a prior motion must be based upon additional material facts which existed at the time the prior motion was made, but which were not then known to the party seeking leave to renew *(Foley v Roche,*68 AD2d 558). The additional material facts upon which the defendants relied in support of their renewal motion were contained in the bill of particulars which was served upon the defendants almost five years before the motion they sought to renew was made. The defendants having failed to offer a reasonable explanation as to why this information was not submitted to the court in support of the original motion, the court did not err in considering this a motion to reargue the original order, the denial of which is not appealable *(see, DeFreitas v Board of Educ.,*129 AD2d 672).

We have considered the defendants’ contention that they are entitled to sanctions pursuant to 22 NYCRR 130-1.1, and find it to be without merit. Bracken, J. P., Brown, Kunzeman and O’Brien, JJ., concur.
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## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 18 - 00135 - CR DONALD EDWARD STOVAL L, JR., APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the County Court at Law No . 2

Taylor County, Texas Trial Court No. 2 - 184 - 17, Honorable Harriett L. Haag, Presiding



### August 2 , 2018 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Pending before the Court is the motion of appellant Donald Edward Stovall, Jr. to dismiss his appeal. Appellant and his attorney have signed the motion. T EX . R. A PP . P. 42.2(a). No decision of the Court having been delivered to date, we grant the motion . Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. James T. Campbell Justice Do not publish.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Broadcasting Board of Governors

# SUMMARY:

The members of the Broadcasting Board of Governors (BBG) will meet in a special session to consider the issue of Board leadership following the recent departure of the Board Chairman. The BBG will be meeting at the time listed above. At the meeting, which will be conducted telephonically, the BBG will consider the conduct of Board operations in the absence of a Chair. Due to the meeting's short notice, the Agency is unable to make it available for public observation via live streaming webcast. However, a complete audio recording and a verbatim transcript of the meeting will promptly be made available for public observation on the BBG's public Web site at *www.bbg.gov.*

# CONTACT PERSON FOR MORE INFORMATION:

Persons interested in obtaining more information should contact Paul Kollmer-Dorsey at (202) 203-4545.

Paul Kollmer-Dorsey,

Deputy General Counsel.

[FR Doc. 2012-3408 Filed 2-9-12; 4:15 pm]

BILLING CODE 8610-01-P
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 228 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 188
113th CONGRESS
  1st Session
S. RES. 228

  Authorizing the reporting of committee funding resolutions for the 
           period October 1, 2013, through February 28, 2015.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2013

 Mr. Schumer, from the Committee on Rules and Administration, reported 
  the following original resolution; which was placed on the calendar

_______________________________________________________________________

                               RESOLUTION

 
  Authorizing the reporting of committee funding resolutions for the 
           period October 1, 2013, through February 28, 2015.

    Resolved, That notwithstanding paragraph 9 of rule XXVI of the 
Standing Rules of the Senate--
            (1) not later than September 20, 2013, each committee shall 
        report 1 resolution authorizing the committee to make 
        expenditures out of the contingent fund of the Senate to defray 
        its expenses, including the compensation of members of its 
        staff, for the period October 1, 2013, through February 28, 
        2015; and
            (2) the Committee on Rules and Administration may report 1 
        authorization resolution containing more than 1 committee 
        authorization resolution for the period October 1, 2013, 
        through February 28, 2015.

                                                       Calendar No. 188

113th CONGRESS

  1st Session

                              S. RES. 228

_______________________________________________________________________

                               RESOLUTION

  Authorizing the reporting of committee funding resolutions for the 
           period October 1, 2013, through February 28, 2015.

_______________________________________________________________________

                           September 17, 2013

                         Placed on the calendar
```
EXHIBIT 32.2

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States
Code), the undersigned officer of Allied Irish Banks, p.l.c., a public limited liability company incorporated and registered in Ireland (the Company), hereby certifies, to such officers knowledge, that:

The Annual Report on Form 20-F for the year ended December 31, 2005 (the Report) of the Company fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |  |  |                |  |        |  |                       
|------------------ |  |  |  |  |  | -------------- |  | ------ |  | ----------------------
|                   |  |  | 
|Date: May 19, 2006 |  |  |  |  |  | JOHN ODONNELL
|                   |  |  |  |  |  |                |  | Name:  |  | John ODonnell        
|                   |  |  |  |  |  |                |  | Title: |  | Group Finance Director

The foregoing certification is being furnished solely pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23
- 7255

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. TEVIN JEROME GAITHER , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Statesville

. Kenneth D. Bell , District Judge. ( 5:19

- cr - 00012

- KDB

- DSC

- 1 )

Submitted : June 25 , 2024 Decided: June 27, 2024

Before RICHARDSON and QUATTLEBAUM , Circuit Judges , and TRAXLER , Senior Circuit Judge

.
Affirmed by un published per curiam opinion

. Tevin Jerome Gaither, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7255 Doc: 13 Filed: 06/27/2024 Pg: 1 of 22 PER CURIAM: Tevin Jerome Gaither appeals the district court ’ s order denying his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. Upon review of the record, in conjunction with the arguments raised on appeal and relevant authorities, w e conclude that the district court did not abuse its discretion in denying Gaither’s motion. United States v.
Centeno

- Morales , 90 F.4th 274, 280 (4th Cir. 2024) (providing standard of review)

. Accordingly, we affirm the district court ’ s order. United States v. Gaither , No. 5 :1 9

- cr 000 12

- KDB

- DSC

- 1 (W.D.N.C. Nov. 15 , 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 23-7255 Doc: 13 Filed: 06/27/2024 Pg: 2 of 2
CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Michael Gismondi, the Chief Executive Officer and Chief Financial Officer of Centor, Inc. (the “Company”), hereby 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: (i)the Quarterly Report on Form 10-Q of the Company, for the period  ended September 30, 2012, and to which this certification is attached as Exhibit 32 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and(ii)the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  By:/s/Michael GismondiName:Michael GismondiTitle:Chief Executive Officer and ChiefFinancial OfficerDate:November 13, 2012 A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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. This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
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