alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

October 22, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50492

Conference Calendar

 

GERALD DEWAYNE HOWARD,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION, NFN GOINGS, Assistant Warden at the

Sanchez Unit; NFN BENAVENTE, Officer, TDCJ Sanchez Unit; NFN

OAXACA, Officer, TDCJ Sanchez Unit; NFN HOWERTON, Officer, TDCJ

Sanchez Unit; NFN SERNA, Sergeant, TDCJ Sanchez Unit; NFN CHAVEZ,

Officer, TDCJ Sanchez Unit,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-02-CV-19-DB

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

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges. 

PER CURIAM:*

Gerald Dewayne Howard, Texas prisoner # 1034561, has filed a

motion for leave to proceed in forma pauperis (IFP) on appeal

following the district court’s dismissal of his 42 U.S.C. § 1983

action for failure to state a claim pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii) and 42 U.S.C. § 1997e(c)(2). By moving for
No. 03-50492

-2-

IFP status, Howard is challenging the district court’s

certification that IFP status should not be granted on appeal

because his appeal is not taken in good faith. See Baugh v.

Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Howard has not shown that he will raise a nonfrivolous issue

on appeal. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983);

Days v. Johnson, 322 F.3d 863, 866 (5th Cir. 2003). Because

Howard has not shown that the district court erred in certifying

that his appeal is not taken in good faith, his request for IFP

status is DENIED, and his appeal is DISMISSED as frivolous. 

See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.

Howard is cautioned that the district court’s dismissal of

this action, and this court’s dismissal of this appeal, both

count as “strikes” pursuant to 28 U.S.C. § 1915(g). See Adepegba

v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Howard is advised

that if he accumulates three strikes, he will be barred from

bringing a civil action or an appeal proceeding IFP unless he is

under imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g).
#### In the Matter of Jefferson Insurance Company of New York, Appellant, v Robert Gove, Respondent.

In a proceeding for a permanent stay of arbitration of the respondent’s uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated November 1, 1989, which denied the application.

Ordered that the order is reversed, on the law, with costs, the application is granted, and arbitration is permanently stayed.

On July 24, 1988, the respondent Gove was injured by a hit- and-run driver while driving on a motorcycle on the Cross Island Parkway. The respondent’s driver’s license had been revoked at the time. The respondent filed a demand for arbitration pursuant to the terms of the uninsured motorist endorsement of a policy with the petitioner Jefferson Insurance Company, the carrier that issued the policy covering the motorcycle. The petitioner sought to stay arbitration based upon an exclusion in the policy which provided that the endorsement did not apply "to bodily injury to an insured while operating an automobile in violation of an order of suspension or revocation”. The respondent argues that he was not operating an "automobile” at the time of the accident, and so the exclusion does not apply.

Pursuant to Insurance Law § 3420 (f) (1) and the policy considerations behind it, New York has consistently expanded the plain meaning of the word "automobile” to encompass a motorcycle in order to permit recovery by a person injured by an uninsured motorist *(see, Matter of Country-Wide Ins. Co. v Wagoner,*45 NY2d 581; *Matter of Askey [General Acc. Fire & Life Assur. Corp.],*30 AD2d 632, *affd*24 NY2d 937). In the present case, it is necessary to determine the effect to be given the term "automobile” when used in an exclusion of an uninsured motorist endorsement of the policy issued to a *542motorcycle owner. The respondent set forth various fundamental principles of contract law and canons of construction, arguing that the exclusion does not apply. In *Matter of Country-Wide Ins. Co. v Wagoner (supra),*the Court of Appeals noted that it is the circumstances that govern the application of particular words. Accordingly, we hold that the Supreme Court erred in denying the petitioner’s application to stay the respondent’s uninsured motorist arbitration. To accept the respondent’s interpretation of the term "automobile” in the exclusion would essentially obliterate the effect of that provision and effectively remove it from the policy. First and foremost, it must be remembered that the insurance policy was issued to provide insurance coverage to a motorcycle owner. The respondent’s interpretation of the exclusion would allow him to operate, with a suspended or revoked license, the vehicle for which the policy was issued and the exclusion was meant to cover. Moreover, affording the term "automobile” two distinct interpretations within a single policy, depending upon the portion of the policy in which it appears, would lead to unnecessary confusion. Kooper, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Rahim Rayani, Chief Executive Officer and
Chief Financial Officer of Force Energy Corp. (the Company) hereby 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 Quarterly Report on Form 10-Q of the Company for the
      quarter ended February 28, 2010 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, 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 Company.                                                                                                        

|Dated: April 13, 2010 | /s/
      Rahim Rayani                                   
|--------------------- | ---------------------------------------------------------
|                      | Rahim Rayani                                             
|                      | Chief Executive Officer and Chief Financial
      Officer
|                      | (Principal Executive Officer, Principal
      Accounting 
|                      | Officer and Principal Financial Officer)                 

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 Force Energy
Corp. and will be retained by Force Energy Corp. and furnished to the Securities
and Exchange Commission or its staff upon request.

---
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue, Suite 900

Seattle, WA 98101-3140

OFFICE OF 

AIR, WASTE AND TOXICS

March 21, 2012

Subject: Q/d Analysis of BART Sources in Idaho, Oregon and Washington to Establish A 

Threshold for Estimating Visibility Impacts from non-BART Sources

From: Keith Rose, Environmental Scientist

To: File

Using information in EPA’s National Emission Inventory Database, specifically the total annual 

emission rates (Q), and distance in kilometers (d) to the nearest Class I area, I compared the 

visibility impairment in deciviews (dv) determined by CALPUFF modeling for 19 BART 

sources in Idaho, Oregon, and Washington to the Q/d values for these sources. The results, 

shown in the attached table, show that all BART sources with a Q/d values of less than 26.1 dv 

had a visibility impact of less than 0.5 dv on any Class I area, with an average impact of 0.32 dv. 

EPA has conservatively interpreted these results as indicating that non-BART sources in the 

region with Q/d values of less than 20, would likely have visibility impacts less than 0.5 dv in the 

nearest Class I area. 
BART Source Q/D Calpuff dv

TransAlta 507.9 5.6

TESORO 104.5 1.7

La Farge 53.6 3.2

BP Cherry Pt 53.1 0.9

Conoco P 44 0.4

Prort Townsend Paper 38.3 1.2

Weyerhaeuser Longview 33.4 0.9

Intalco 28.4 2.4

Simpson Paper 25.9 0.46

Fort James 24.8 0.4

TASCO Nampa 28.28 1.3

Potlatch 26.13 0.3

TASCO Twin Falls 22.05 0.4

JRSimplot 21.31 0.4

TASCO P 20.93 0.4

NU West 7.62 0.1

Smurfit 21 0.1

TASCO Nyssa 12 0.46

Georgia Pacific Toledo 12 0.2
# C_2007138EN.01000401.xml

| 22.6.2007 | EN | Official Journal of the European Union | C 138/4 |
| --- | --- | --- | --- |

22.6.2007

EN

Official Journal of the European Union

C 138/4

---

Non-opposition to a notified concentration

(Case COMP/M.4432 — Oerlikon/Saurer)

(Text with EEA relevance)

(2007/C 138/04)

On 22 November 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32006M4432. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4432. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
**Docket Number FAA -**  **2014 -**  **0142**
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DARNELL J. WILLIAMS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 396 MAL 2021

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 28th day of December, 2021

, the Application to Remand to Trial

Court is DENIED and the Petition for Allowance of Appeal is DENIED

.
# Fourth Court of Appeals

San Antonio, Texas

May 14, 2013

No. 04

- 13

- 00248

- CV

IN RE NORTH EAST INDEPENDENT SCHOOL DISTRICT

Original Mandamus Proceeding 1

ORDER

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Rebeca C. Ma rtinez, Justice

On April 19, 2013, Relator North East Independent School District filed a petition for

writ of mandamus. The court has determined Relator is not entitled to the relief sou ght. Accordingly, the petition for writ of mandamus is DENIED. See T EX

. R. A PP

. P . 52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on May 14, 2013

.

_________________________________ Rebeca C. Martinez, Justice

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

court on this 14th day of May, 2013

.

___________________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2012

- CI

- 17627, Alejandra Campista v. North East Independent School

District , pending in the 37th Judicial Court, Bexar County, Texas, the Honorable Michael Mery p residing. However, the record indicates the Honorable Laura Salinas, presiding judge of the 166th Judicial District Court, Bexar County, Texas presided over the hearing, but the order complained of was signed by the Honorable Solomon J. Casseb III, presiding judge of the 288th Judicial District Court, Bexar County, Texas.
**John R. Kasich** **, Governor**  **Mary Taylor** **, Lt** **. Governor**  **Craig W .**  **But l** **er ,**  **Director April**  **17, 2015**  **George Czerniak**  **Director, Air**  **& Radiation**  **Division USEPA**  **Region 5**  **77 West**  **Jackson Boulevard Mail**  **Code: A-18J**  **Chicago, IL**  **60604-3507**
**RE: Correction**  **on March**  **26, 2015**  **Ohio State**  **Implementation Plan**  **(SIP) Clarification**  **Letter Regarding**  **Ohio Administrative**  **Code (OAC)**  **Chapter 3745-31**  **known as**  **the PM2.5**  **SIP Submission**  **Dear George:**  **On March 26,**  **2015, Ohio**  **EPA submitted**  **a letter**  **to you**  **describing several**  **clarifications to**  **our Ju** **ne 19,**  **2014 PM2.5**  **State Implementation**  **Plan (SIP)**  **submission. After**  **sending that**  **letter, we**  **realized we**  **missed one**  **item and**  **so we**  **are sending**  **this letter**  **to make**  **the correction.**  **The correction**  **we would**  **like to**  **make is**  **that Ohio**  **EPA requests**  **to exclude**  **the entire**  **paragraphs of**  **Ohio Administrative**  **Code (OAC)**  **3745-31-24(F) and**  **3745-31-27(A)(1)(b) from**  **the SIP.**  **If you**  **have any**  **questions please**  **feel free**  **to contact**  **Sudhir Singhal**  **at 614-644-3684.**  **Sincerely,**

# /Jgk{-**/;6dn�c· Robert**  **F. Hodanbosi**  **Chief, Division**  **of Air**  **Pollution Control** 
**cc: Michael**  **Hopkins, Assistant**  **Chief, Ohio**  **EPA Division**  **of Air**  **Pollution Control** 

**Sudhir Singhal,**  **DAPC**

**50 West Town**  **Street •**  **Suite 700**  **• P** 
**. O** 
**. Box 1049**  **• Columbus,**  **OH 4** **3 216** **- 1049** 

**www .**  **epa .**  **ohio**

**. gov**  **• (** **6 1** **4) 644-3020**  **• (614)**  **644 -** **3184 (fax)**
#### Nassau Community College Federation of Teachers, Local 3150, Petitioner, v Nassau County Public Employment Relations Board et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Public Employment Relations Board, dated March 16, 1987, which declined to accept the findings and recommendations of a Hearing Officer and dismissed an application by the petitioner, the Nassau Community College Federation of Teachers, Local 3150, (1) to decertify the Adjunct Faculty Association of Nassau Community College as the collective bargaining representative of the adjunct faculty members who are also employed as full-time faculty, and (2) to accrete such faculty members to the Federation for the purpose of representation in connection with their employment as adjunct faculty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs.

As the agency charged with implementing the policies of the Taylor Law (Civil Service Law § 200 *et seq.),*the Nassau County Public Employment Relations Board (hereinafter PERB) is presumed to have developed an expertise which requires us to accept its construction of that law if not unreasonable *(see, Matter of Town of Mamaroneck PBA v New York State Pub. Employment Relations Bd.,*66 NY2d 722, 724). Unless PERB’s determination is affected by an error of law or is arbitrary and capricious or is an abuse of discretion, this court will not interfere *(see,*CPLR 7803 [3]; *Matter of Uniondale Union Free School Dist. v Newman,*140 AD2d 612).

We find that the record contains substantial evidence to *530support PERB’s determination that a community of interest exists between the members of the Adjunct Faculty Association of Nassau Community College (hereinafter AFA), all of whom teach adjunct courses at Nassau Community College, and that the present makeup of AFA does not adversely affect the joint responsibilities of the college and the AFA members in serving the public *(see,*Civil Service Law § 207 [1]; *cf., Matter of Pattison v Coffey,*102 AD2d 870).

Finally, we take note of the fact that AFA has existed since 1973, and its membership status has been affirmed on previous occasions on essentially the same facts *(see, Matter of Uniondale Union Free School Dist. v Newman,*140 AD2d 612, *supra; Matter of City School Dist. [Local 810],*18 PERB ¶ 4085). Thompson, J. P., Brown, Eiber and O’Brien, JJ., concur.
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12798-12799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5160]


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

DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket No. 120131080-2080-01]


Public Availability of Department of Commerce FY2011 Service 
Contract Inventory

AGENCY: Office of the Secretary, Department of Commerce.

ACTION: Notice of Public Availability of FY 2011 Service Contract 
Inventories.

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

[[Page 12799]]

SUMMARY: In accordance with Section 743 of Division C of the 
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the 
Department of Commerce is publishing this notice to advise the public 
of the availability of the Fiscal Year (FY) 2011 Service Contract 
Inventory and a report that analyzes the Department's FY 2010 Service 
Contract Inventory. The service contract inventory provides information 
on service contract actions over $25,000 made in FY 2011. The 
information is organized by function to show how contracted resources 
are distributed throughout the agency. The inventory has been developed 
in accordance with guidance memo on service contract inventories issued 
on November 5, 2010 by the Office of Management and Budget's Office of 
Federal Procurement Policy (OFPP).

ADDRESSES: The Department of Commerce has posted its FY 2011 inventory 
and a summary on the Office of Acquisition Management homepage at the 
following link http://www.osec.doc.gov/oam/. OFPP's guidance memo on 
service contract inventories is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf.

FOR FURTHER INFORMATION CONTACT: Questions regarding the service 
contract inventory should be directed to Virna Winters, Director for 
Acquisitions and Grants Division at 202-482-4248 or <a href="/cdn-cgi/l/email-protection#0b7d7c62657f6e79784b6f6468256c647d"><span class="__cf_email__" data-cfemail="700607191e0415020330141f135e171f06">[email protected]</span></a>.

Scott Quehl,
Chief Financial Officer and Assistant Secretary for Administration.
[FR Doc. 2012-5160 Filed 3-1-12; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 5, 2005 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 128554 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 128554 

 COA: 251750 

Oakland CC: 02-183651-FC 

CAROL LORRAINE MATHIS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 15, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal to affirm the applicability and viability of 

People v Scruggs, 256 Mich App 303 (2003). 

d1128 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 5, 2005 

Clerk
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2141 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2141

             To extend the duty suspension on 2,4-Xylidine.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Alexander (for himself and Mr. Corker) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
             To extend the duty suspension on 2,4-Xylidine.

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

SECTION 1. 2,4-XYLIDINE.

    (a) In General.--Heading 9902.10.43 of the Harmonized Tariff 
Schedule of the United States (relating to 2,4-Xylidine) is amended by 
striking ``12/31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the date that is 15 days after the date of 
enactment of this Act.
                                 <all>
```
Sanitized Process Report by Other
EXHIBIT 32.1






CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF


BAYING ECOLOGICAL HOLDING GROUP INC.


FORM 10-Q FOR THE THREE MONTH PERIOD ENDED MARCH 31, 2009


PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




I, Parsh Patel, am the Chief Executive Officer of Baying Ecological Holding Group Inc., a Nevada corporation (the "Company"). I am delivering this certificate in connection with the Quarterly Report on Form 10-Q of the Company for the three month period ended March 31, 2009 and filed with the Securities and Exchange Commission ("Quarterly Report").




Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge, the Quarterly Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






July 31, 2014
By:
/s/ Parsh PatelParsh PatelPresident, Chief Executive Officer, Chief Financial Officer and Treasurer
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
  (1)
    
    the Quarterly Report of the Company on Form 10-Q for the period ended July 3,
2009 as filed with the Securities and Exchange Commission on the date hereof (the
Quarterly 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 Quarterly Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.
 /s/ Michael J. ThorneMichael J. ThorneSenior Vice President and Chief
Financial Officer
Date: August 6, 2009