alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-10454

Non-Argument Calendar

____________________

SHERLYN JOHNSON, 

Plaintiff-Appellant,

versus

U.S. SECRETARY OF THE ARMY, 

Defendant-Appellee.

____________________

Appeal from the United States District Court

for the Northern District of Alabama

D.C. Docket No. 1:22-cv-00036-CLM

____________________

USCA11 Case: 23-10454 Document: 29-1 Date Filed: 01/26/2024 Page: 1 of 3
2 Opinion of the Court 23-10454

Before ROSENBAUM, GRANT, and ANDERSON, Circuit Judges.

PER CURIAM:

Sherlyn Johnson, in a counseled complaint, sued the 

Secretary of the Army, alleging race and gender discrimination and 

unlawful retaliation. The district court concluded that it lacked 

subject-matter jurisdiction and dismissed her suit without 

prejudice. Johnson now challenges that conclusion on appeal. We 

affirm.

Johnson’s third amended complaint includes two counts: 

(1) “Violation of 42 U.S.C. § 1981 Discrimination”; and 

(2) “Violation of 42 U.S.C. § 1981 Retaliation.” The district court 

dismissed her complaint for lack of jurisdiction, reasoning that the 

federal government has not waived its sovereign immunity for 

§ 1981 claims. On appeal, Johnson argues that even though her 

“chosen language highlighted 42 U.S.C. § 1981, the basis and crux 

of her argument pertained to violations of [Title VII]”—claims for 

which the United States has waived its immunity. To support that 

contention, she points to other parts of the complaint that 

alternatively mention Title VII and the Federal Torts Claims Act as 

bases for the court’s jurisdiction.

Although Johnson may have mentioned Title VII in her 

complaint, she did not bring any Title VII claims against the 

Secretary. Instead, she chose to sue under § 1981. But we have 

long held that “the United States has not waived its immunity to 

suit under” § 1981. United States v. Timmons, 672 F.2d 1373, 1380 

USCA11 Case: 23-10454 Document: 29-1 Date Filed: 01/26/2024 Page: 2 of 3
23-10454 Opinion of the Court 3

(11th Cir. 1982). That section “does not provide a cause of action 

for discrimination under color of federal law.” Lee v. Hughes, 145 

F.3d 1272, 1277 (11th Cir. 1998). Because Johnson’s only claims 

against the Secretary were brought under § 1981, the district court 

properly concluded that it lacked subject-matter jurisdiction. 

Accordingly, we AFFIRM.

USCA11 Case: 23-10454 Document: 29-1 Date Filed: 01/26/2024 Page: 3 of 3
EXHIBIT 31.2
 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Vicor Technologies, Inc. for the
period ending September 30, 2008;2.
    
    Based on my knowledge, this report does 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, the financial statements, and other financial information included in
this report, fairly present in all
material respects the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and(c)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting
which are reasonably likely to adversely affect the registrants ability to record, process,
summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the
registrants internal control over financial reporting.
  /s/ David H. FaterDavid H. FaterChief Financial Officer
#### The People of the State of New York, Respondent, v Christopher Inocencio, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered May 26, 1989, convicting him of manslaughter in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that reversal is required because the allegations of the indictment and bill of particulars supplied by the People varied materially from the evidence adduced by the prosecution at trial. However, inasmuch as the defendant voiced no objection or exception to this alleged error in the trial court, he has failed to preserve the issue for *733appellate review *(see, People v Udzinski,*146 AD2d 245; *People v Prato,*143 AD2d 205). Moreover, the record demonstrates that the defendant suffered no prejudice as a result of the alleged error, inasmuch as he made no claim of surprise when the trial evidence was presented and sought no adjournment to better prepare a defense thereto *(cf., People v Roberts,*72 NY2d 489); hence, we decline to reach the issue in the exercise of our interest of justice jurisdiction.

Viewing the evidence adduced at trial, which included eyewitness testimony, circumstantial evidence, and the defendant’s own inculpatory statements, in the light most favorable to the People *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]).

We have considered the defendant’s remaining contention and find it to be without merit *(see, People v Bing,*76 NY2d 331). Kunzeman, J. P., Sullivan, Lawrence and O’Brien, JJ., concur.
NOTE : This order is nonprecedential.


# United States Court of Appeals

**for the Federal Circuit**

______________________

CIRBA INC., fka Cirba IP, Inc., dba Densify,

Appellant

v.

VMWARE, INC.,

Appellee

______________________

2023

- 1466

______________________

Appeal from the United States Patent and Trademark

Office, Patent Trial and Appeal Board in No. IPR2021

- 00008

.

______________________

O R D E R

The parties having so agreed, it is ordered that:

(1) The proceeding is DISMISSED under Fed. R. App.

P. 42 (b). Case: 23-1466 Document: 51 Page: 1 Filed: 07/15/2024C IRBA I NC

. V

. VM WARE

, I NC

. 2

(2) Each side shall bear their own costs.

FOR THE COURT

July 15, 2024

Date

ISSUED AS A MANDATE: July 15, 2024 Case: 23-1466 Document: 51 Page: 2 Filed: 07/15/2024
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 SRKP 8, Inc. (the "Company") on
Form 10-QSB for the period ending September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony
C. Pintsopoulos, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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.




                            /s/ Anthony C. Pintsopoulos
                            ---------------------------
                            Anthony C. Pintsopoulos
                            Principal Financial Officer
                            November 8, 2005


                                       17
#### STATE of Louisiana v. Michael JACKSON.

No. 88-KH-1715.

Supreme Court of Louisiana.

July 6, 1988.

In re Jackson, Michael; applying for writ of mandamus and supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “D”, No. 326-658.

Denied.
1 Pursuant to 5 T H C I R . 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. 97-40692

MARTHA VELA WHIRLEY, Plaintiff-Appellant,

VERSUS
AMERICAN BRANDS INCORPORATED; ET AL Defendants, BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor by Merger to the American Tobacco Company; R J REYNOLDS TOBACCO COMPANY, Defendants-Appellees.

Appeal from the United States District Court For the Southern District of Texas

(C-97-CV-9) March 2, 1998
Before REYNALDO G. GARZA, DUHE, and STEWART, Circuit Judges.
PER CURIAM: 1 Having thoroughly reviewed the record, and the briefs of counsel, and having had the benefit of spirited argument by counsel for all parties, we are unable to discern any error committed by the district court. Accordingly, the judgment of the district2

court is
AFFIRMED.
countyID fuelYearID monthGroupID fuelFormulationID marketShare marketShareCV

1073 2009 1 8220 0.3756 0.5

1073 2009 1 2821 0.6244 0.5

1073 2009 1 20043 1 0.5

1073 2009 2 8220 0.3756 0.5

1073 2009 2 2821 0.6244 0.5

1073 2009 2 20043 1 0.5

1073 2009 3 8249 0.3756 0.5

1073 2009 3 2849 0.6244 0.5

1073 2009 3 20043 1 0.5

1073 2009 4 8249 0.3756 0.5

1073 2009 4 2849 0.6244 0.5

1073 2009 4 20043 1 0.5

1073 2009 5 8249 0.3756 0.5

1073 2009 5 2849 0.6244 0.5

1073 2009 5 20043 1 0.5

1073 2009 6 8250 0.3756 0.5

1073 2009 6 2850 0.6244 0.5

1073 2009 6 20043 1 0.5

1073 2009 7 8250 0.3756 0.5

1073 2009 7 2850 0.6244 0.5

1073 2009 7 20043 1 0.5

1073 2009 8 8250 0.3756 0.5

1073 2009 8 2850 0.6244 0.5

1073 2009 8 20043 1 0.5

1073 2009 9 8250 0.3756 0.5

1073 2009 9 2850 0.6244 0.5

1073 2009 9 20043 1 0.5

1073 2009 10 8249 0.3756 0.5

1073 2009 10 2849 0.6244 0.5

1073 2009 10 20043 1 0.5

1073 2009 11 8249 0.3756 0.5

1073 2009 11 2849 0.6244 0.5

1073 2009 11 20043 1 0.5

1073 2009 12 8220 0.3756 0.5

1073 2009 12 2821 0.6244 0.5

1073 2009 12 20043 1 0.5
[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Page 15370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6302]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Savings and Loan 
Holding Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461 et 
seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 
CFR part 239), and all other applicable statutes and regulations to 
become a savings and loan holding company and/or to acquire the assets 
or the ownership of, control of, or the power to vote shares of a 
savings association and nonbanking companies owned by the savings and 
loan holding company, including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 
otherwise noted, nonbanking activities will be conducted throughout the 
United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than April 9, 2012.
    A. Federal Reserve Bank of Boston (Richard Walker, Community 
Affairs Officer) 600 Atlantic Avenue, Boston, Massachusetts 02210-2204:
    1. Georgetown Bancorp, MHC, Georgetown, Massachusetts; to convert 
to stock form and merge with Georgetown Bancorp. Inc., and to become a 
savings and loan holding company by acquiring 100 percent of the voting 
shares of Georgetown Savings Bank, both in Georgetown, Massachusetts.

    Board of Governors of the Federal Reserve System, March 12, 
2012.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2012-6302 Filed 3-14-12; 8:45 am]
BILLING CODE 6210-01-P
# L_2006194EN.01000301.xml

| 14.7.2006 | EN | Official Journal of the European Union | L 194/3 |
| --- | --- | --- | --- |

14.7.2006

EN

Official Journal of the European Union

L 194/3

---

COUNCIL REGULATION (EC, EURATOM) No 1067/2006

of 27 June 2006

adjusting the weightings applicable to the remuneration and pensions of officials and other servants of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,

Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Articles 63, 64, 65 and 82 of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Article 64 and Article 92 of the Conditions of employment of other servants,

Having regard to the proposal from the Commission,

Whereas:

There has been a substantial increase in the cost of living in Lithuania in the period June to December and the weightings applied to the remuneration of officials and other servants should therefore be adjusted,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 January 2006, the weightings applicable, under Article 64 of the Staff Regulations, to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:

| — | Lithuania 80,1. |
| --- | --- |

—

Lithuania 80,1.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 27 June 2006.

For the Council

The President

J. PRÖLL

---

(1)  
  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2104/2005 (OJ L 337, 22.12.2005, p. 7).

1

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

                                 Amendment No. 1
                                       to
                                Investor Note of
                     --------------------------------------

     Pursuant to Section 7.8 of the Investor Note,  dated  __________  ___, 2002
("Investor  Note")  delivered by ("Maker") to Aearo  Corporation  ("Lender") and
Section 4.5 of the Executive  Security  Purchase  Agreement by and between Maker
and Lender, the Investor Note is amended as follows:

     1. Section 1.4 of the Investor Note is hereby amended to read as follows:

     1.4  Scheduled  Payment  Term.  The Maker shall be required to repay to the
Lender the entire principal  amount hereof  outstanding on the date set forth on
Schedule 1 hereto under "Final Maturity".

     2. Section 2 of the Investor Note is hereby amended to read as follows:

     SECTION 2.  Interest.  Interest  will accrue on the  outstanding  principal
amount of this  Investor  Note at the rate per annum  set  forth on  Schedule  1
hereto under  "Interest  Rate",  and shall be payable as set forth on Schedule 1
hereto under "Interest Payments".

     3. Schedule 1 to the Investor Note is amended to read as provided below.

------------------ -------------------- -------------- -----------------------
                    Interest Rate and
 Principal Amount   Interest Payments    Installments      Final Maturity
                        Schedule
------------------ -------------------- -------------- -----------------------
  $                 2.73% per annum          None       Due on the earliest
                    payable on date of                  date to occur of:
                    Final Maturity                      (i) acceleration
                                                        under Section 1.1;
                                                        (ii) Termination of
                                                        Employment under
                                                        Section 3.1; or
                                                        (iii) Event of
                                                        Default under Section 6.

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

     4. The Investor Note, and the Pledge and Security  Agreement  between Maker
and Lender related thereto, shall otherwise remain in full force and effect.

     IN WITNESS  WHEREOF,  Maker and a duly  authorized  officer of Lender  have
executed this Amendment effective  ___________ ___, 2002, in order to reduce the
interest  rate,  and to defer the time for payment of  principal  and  interest,
under the Investor Note.

         "MAKER"                                "LENDER"
                                           AEARO CORPORATION


__________________________________  By: _____________________________
        (Printed Name)                  Jeffrey S. Kulka
                                        Vice President, Chief Financial Officer
**EXHIBIT
        32.1**
 
 **SECTION
        1350 CERTIFICATIONS**
 
 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 Exobox Technologies Corp.  (the
        "Company") on Form 10-QSB for the period ended October 31, 2006 as
        filed  with
        the
        Securities and Exchange Commission on the date hereof (the
        "Report"),  I,
        Robert
        B. Dillon, Chief Executive Officer of the Company, 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, these financial statements were not reviewed
        by
        our independent registered public accountants; and
 
 2.
        The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
 
 
 
 Date:
        December 20, 2006
 
 
 /s/
        Robert B. Dillon
 ------------------------------
 Chief
        Executive Officer
Exhibit 32.1





SECTION 1350 CERTIFICATIONS





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 Exobox Technologies Corp. (the "Company") on Form 10-Q for the period ended April 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Norman D. Smith, Chief Executive Officer of the Company, 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.








Date: June 17, 2010








/s/ Norman D. SmithNorman D. Smith,

Chief Executive Officer
Exhibit
32.2





SECTION
1350 CERTIFICATIONS





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 annual report of
Exobox Technologies Corp. (the "Company") on Form 10-Q for the period ended
January 31, 2010 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Michael G. Wirtz, Chief Financial
Officer of the Company, 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.








Date:
March 30, 2010








/s/ Michael G. WirtzMichael
      G. Wirtz,
              Chief
      Financial Officer