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that this opinion should not be published and is not precedent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

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30703

Summary Calendar

__________________

PHILLIP WASCOM,

 Plaintiff-Appellee,

versus

KENYON JACKSON, Sergeant;

JOHN LOLLIS, Sergeant,

 Defendants-Appellants.

- - - - - - - - - -

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 93-CV-895 A M2

- - - - - - - - - -

January 8, 1996

Before KING, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Kenyon Jackson and John Lollis appeal the district court's

order denying their summary-judgment motion which asserted

Eleventh Amendment immunity from Phillip Wascom's state-law claim

of negligence. According liberal construction to Wascom's

complaint and subsequent filings, we conclude that Wascom has not

raised a state-law claim supplemental to his civil rights claims. 

Therefore, the district court did not err in denying summary

judgment on this claim.
No. 95-30703

-2-

The denial of summary judgment is AFFIRMED. This case is

REMANDED to the district court for further proceedings.
# Fourth Court of Appeals

San Antonio, Texas

Fe bruary 6, 2020

No. 04

- 20

- 00077

- CV

THE CITY OF SAN ANTONIO,

Appellant

v.

Suzanne S. SMITH, Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CI19949 2018CI22682 Honorable Larry Noll, Judge Presiding



### O R D E R

Pending before the court is an unopposed motion for stay of all trial court proceedings pending resolution of appeal. Because all proceedings in the trial court are automatically stayed by statute pending resolution of this appeal, the motion is MOOT ; how ever, the trial court is instructed that all proceedings in the underlying case are stayed pending resolution of this appeal

. See T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 51.014(b).

_________________________________ Sandee Bryan Marion, Chief Justice

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

court on this 6th day of February, 2020

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
116TH CONGRESS 

1ST SESSION H. R. 1250 

AN ACT 

To designate the facility of the United States Postal Service 

located at 11158 Highway 146 North in Hardin, Texas, 

as the ‘‘Lucas Lowe Memorial Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 1250 EH

1 SECTION 1. LUCAS LOWE MEMORIAL POST OFFICE. 

2 (a) DESIGNATION.—The facility of the United States 

3 Postal Service located at 11158 Highway 146 North in 

4 Hardin, Texas, shall be known and designated as the 

5 ‘‘Lucas Lowe Memorial Post Office’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the facility referred to in subsection (a) shall 

9 be deemed to be a reference to the ‘‘Lucas Lowe Memorial 

10 Post Office’’. 

Passed the House of Representatives July 17, 2019. 

Attest: 

Clerk. 

116TH CONGRESS 

1ST SESSION H. R. 1250 

AN ACT 

To designate the facility of the United States PostPost Office’’. in Hardin, Texas, as the ‘‘Lucas Lowe Memorial al Service located at 11158 Highway 146 North
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, 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.

 April 10, 2015

s0407

Order 

Clerk

April 10, 2015

150546

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 150546

COA: 323642

Kent CC: 14-003216-FH

MICHAEL CHRISTOPHER FREDERICK,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 15, 2014 

order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for consideration

as on leave granted. On remand, the Court of Appeals shall address whether the “knock 

and talk” procedure conducted in this case is consistent with US Const, Am IV, as 

articulated in Florida v Jardines, 133 S Ct 1409 (2013). We note that a similar issue is 

presented in People v Van Doorne (Docket No. 150548), which we remanded to the Court 

of Appeals for consideration as on leave granted by order dated April 10, 2015.
THE VISUAL AIDS ON THE FOLLOWING 

PAGES ARE FOR REFERENCE ONLY AND 

NOT INTENDED FOR OFFICIAL USE.

TO PURCHASE OFFICIAL VISUAL AIDS PLEASE CONTACT 

THE SPECIALTY CROPS INSPECTION DIVISION’S 

EQUIPMENT AND FORMS DEPOT 

USDA, AMS, FVP, SCI

831 MITTEN ROAD, ROOM 200

BURLINGAME, CA 94010

PHONE: 650-552-9073

FAX: 650-552-9147

EQUIPMENT CATALOG
SPECK-TYPE MELANOSE OF LEMONS

Consider speck-type melanose on the basis of the appearance of the individual lemon.

U.S. No. 1

Maximum amount allowed – Other side affected to the same degree by speck-type melanose.

LEMONS-MELANOSE

LEM-CP-1

JUNE 1979
EXHIBIT 31

   CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT
   ---------------------------------------------------------------

     I, Dennis Eldjarnson, hereby certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Siam Imports,
Inc.

2. Based on my knowledge, this quarterly 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 quarterly report.

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects our financial condition, results of operations and cash flows as
of, and for, the periods presented in this quarterly report.

4. The other certifying officers 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)) and we 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 Siam Imports Inc.,
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 our 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 our internal control over
financial reporting that occurred during our most recent fiscal quarter
(fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, our internal control
over financial reporting; and

(5) Siam Import Inc.'s other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to our auditors and the audit committee of our
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 our 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 our internal control over
financial reporting.

                           SIAM IMPORTS, INC.,
                           a Nevada corporation (Registrant)

Dated: August 13, 2005     By: /s/ Dennis Eldjarnson, President,
                           CEO, Treasurer, CFO, Principal
                           Accounting Officer and Director
[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Page 985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00005]


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

DEPARTMENT OF THE TREASURY

Bureau of the Public Debt


Submission for OMB Review; Comment Request

ACTION: Notice; correction.

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

SUMMARY: The Department of the Treasury published a document in the 
Federal Register on January 2, 2013, inviting the general public and 
other Federal agencies to comment on continuing information collections 
to reduce paperwork and respondent burden. This document contained 
incorrect references.
    Correction: In the Federal Register of January 2, 2013, in FR Doc. 
2012-31534, make the following corrections:
    <bullet> Page 149, in the second column, replace OMB Number: 
``1535-0089'' with OMB Number: ``1535-0114''.

    Dated: January 2, 2013.
Bruce A. Sharp,
Bureau Clearance Officer.
[FR Doc. 2013-00005 Filed 1-4-13; 8:45 am]
BILLING CODE 4810-39-P
Exhibit 31.2




CERTIFICATION
PURSUANT TO


SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002




I,
Brandon T. O’Brien, Chief Financial Officer of ZAGG Incorporated (the
“registrant”), certify that:




1. I have
reviewed this quarterly report on Form 10-Q ZAGG Incorporated.




2. Based
on my knowledge, this quarterly 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 quarterly
report;




3. Based
on my knowledge, the financial statements, and other financial information
included in this quarterly 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 quarterly report;




4. The
registrant’s other certifying officers and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and we have:




a)
designed such disclosure controls and procedures 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 quarterly report is being prepared;




b)
evaluated the effectiveness of the registrant’s disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the “Evaluation Date”); and




c)
presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;




5. The
registrant’s other certifying officers and I have disclosed, based on our most
recent evaluation, to the registrant’s auditors and the audit committee of
registrant’s board of directors (or persons performing the equivalent
function):




a) all
significant deficiencies in the design or operation of internal controls which
could adversely affect the registrant’s ability to record, process, summarize
and report financial data and have identified for the registrant’s auditors any
material weaknesses in internal controls; and




b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal controls; and




6. The
registrant’s other certifying officers and I have indicated in this quarterly
report whether or not there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.


Date:  August
      13, 2009/s/BRANDON T.
      O’BRIENBrandon
      T. O’Brien, Chief Financial
Officer
```

[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36803-36804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15757]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9021-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202)

[[Page 36804]]

564-7146 or http://www.epa.gov/compliance/nepa/.
Weekly receipt of Environmental Impact Statements (EISs)
Filed 06/15/2015 Through 06/19/2015
Pursuant to 40 CFR 1506.9.
    Notice: Section 309(a) of the Clean Air Act requires that EPA make 
public its comments on EISs issued by other Federal agencies. EPA's 
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20150176, Draft, DOE, ID, Recapitalization of Infrastructure 
Supporting, Naval Spent Nuclear Fuel Handling (DOE/EIS-0453-D), Comment 
Period Ends: 08/10/2015, Contact: Erik Anderson 202-781-6057.
EIS No. 20150177, Draft, NHTSA, REG, Phase 2 Fuel Efficiency Standards 
for Medium- and Heavy-Duty Engines and Vehicles, Comment Period Ends: 
08/31/2015, Contact: James MacIsaac 202-366-9108 EIS No. 20150178, 
Draft, DOE, MN, Great Northern Transmission Line Project, Comment 
Period Ends: 08/10/2015, Contact: Julie Ann Smith 202-586-7668.

    Dated: June 23, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal 
Activities.
[FR Doc. 2015-15757 Filed 6-25-15; 8:45 am]
 BILLING CODE 6560-50-P
```
Order entered August 26, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 13
- 00191
- CV BALTASAR D. CRUZ, Appellant
V. JAMES VAN SICKLE, ET AL . , Appellee s On Appeal from the 160th Judicial District Court Dallas County, Texas Tri al Court Cause No. DC
- 12
- 09275 

### O RDER The Court has before it appellant’s August 22, 2013 “objection to Court’s order of August 19, 2013 and to notice requiring appellant to file motion for extension of deadline to file brief, motion to reconsider appella nt’s amended motion for leave to file appellant’s brief of August 14, 2013 and, in the alternative, motion to increase word and page limits of appellant’s brief, to sever appeals, and for extension of deadline to file appellant’s brief(s)

. ” The Court DENI ES the objection, motion to reconsider, and motion to sever. The Court GRANTS the motion to increase word and page limits in part, and orders that appellant’s brief be no more than 65 pages if not computer generated, or 19,500 words if computer generated. See T EX
. R. A PP
. P. 9.4(i)(2). The Court further GRANTS the motion for extension of deadline and ORDERSappellant to file his brief within thirty days of the date of this order. No further extensions shall be granted without a showing of exceptional ci rcumstances.

/s/ ELIZABETH LANG

- MIERS JUSTICE
Exhibit 10.1


 


AMENDMENT NO. 1 TO STANDBY
EQUITY PURCHASE AGREEMENT


 


THIS AMENDMENT NO. 1 (the “Amendment”),
dated as of June 13, 2022, to the Standby Equity Purchase Agreement (the “SEPA”), dated as of April 28, 2022, by and between
YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”), and Eos Energy Enterprises, Inc., a company
incorporated under the laws of the State of Delaware (the “Company”, and together with the Investor, the “Parties”),
is being executed at the direction of the Parties.


 


WHEREAS, Section 13.02 of the SEPA permits the
Parties to amend the SEPA through an instrument in writing signed by the Parties.


 


NOW, THEREFORE, in consideration of the foregoing
and the agreements, provisions and covenants herein contained, the Parties agree as follows:


 


1. The defined term “Commitment Amount”
in Section 1.14 of the SEPA is hereby deleted in its entirety and replaced with the following:


 


“Commitment Amount”
shall mean $200,000,000 of Common Shares, provided that, the Company shall not effect any sales under this Agreement and the
Investor shall not have the obligation to purchase Common Shares under this Agreement to the extent (but only to the extent) that after
giving effect to such purchase and sale the aggregate number of Common Shares issued under this Agreement would exceed 19.99% of the outstanding
Common Shares as of the date of this Agreement (the “Exchange Cap”); provided further that, the Exchange
Cap will not apply (a) if the Company’s stockholders have approved issuances in excess of the Exchange Cap in accordance with the
rules of the Principal Market or (b) the average price of all applicable sales of Common Shares hereunder (including the Commitment Fee
Shares in the number of shares sold for these purposes) equals or exceeds $2.15 per share (which represents the lower of (i)
the Nasdaq Official Closing Price on the Trading Day immediately preceding the date of this Agreement; or (ii) the average Nasdaq Official
Closing Price for the five Trading Days immediately preceding the date of this Agreement).


 


[REMAINDER OF PAGE INTENTIONALLY
LEFT BLANK]


 






     


     


    

 





The Parties hereto have caused this Amendment to
be executed and delivered as of the day and year first written above.


 


	 	COMPANY:
	 	 
	 	Eos Energy Enterprises, Inc. 


 


	 	By:	/s/ Melissa Berube
	 	Name:  	Melissa Berube
	 	Title: 	General Counsel 


 


	 	INVESTOR:
	 	 
	 	YA II PN, LTD.
	 	By: Yorkville Advisors Global II, LLC
	 	Its: General Partner


 


	 	By:	/s/ Matt Beckman
	 	Name: 	Matt Beckman
	 	Title:	Member


 


[Signature Page to Amendment No. 1]
**Exhibit 31.1****CERTIFICATIONS**I, Paritosh K. Choksi, certify that:1. I have reviewed this quarterly report on Form 10-QSB of ATEL Capital Equipment Fund XI, LLC; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.Date: November 22, 2005        /s/ Paritosh K. Choksi  Paritosh K. Choksi  Principal Financial Officer ofRegistrant,
##### 



Exhibit 32.2 Certification pursuant to
18 U.S.C. Section 1350,
as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 I, Peter E. Jokiel, Chief Financial Officer of Specialty Underwriters Alliance, Inc. (the
Company), pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify as
follows: (i) The quarterly report on Form 10-Q of the Company for the period ended March 31, 2005 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and (ii) The information contained in such Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company. IN WITNESS WHEREOF, I have executed this Certification this 16th day of May 2005. /s/ Peter E. JokielPeter E. JokielChief Financial Officer A signed original of this written statement required by Section 906 has been provided to Specialty
Underwriters Alliance, Inc. and will be retained by Specialty Underwriters Alliance, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
Please spread the news about growing hemp in small towns like Lawrenceburg, TN!

Jennifer Lea Buis
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 7531

WESLEY BRIAN EARNEST , Petitioner

- Appellant ,

v. KEITH W. DAVIS, Warden; HAROLD W. CLARKE, Director Virginia Department of Corrections , Respondents

- Appellees

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Elizabeth Kay Dillon , District Judge. ( 7:18

- cv
- 00595

- EKD

- JCH )

Submitted : February 18, 2021 Decided: February 23, 2021

Before N IE MEYER, KING, and FLOYD , Circuit Judges.

Dismissed by un published per curiam opinion

.
Wesley Brian Earnest , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Wesley Brian Earnest seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 petition. See Gonzalez v. Thaler , 565 U.S. 134, 148 & n.9 (2012) (explaining that § 2254 petition s are subject to one

- year statute of limit ations, running from latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)).
The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When , as here, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural rulin g is debatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez , 565
U.S. at 140

- 41 (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Earnest has not made the requisite showing. Accordingly, although we grant Earnest’s motion to exceed length limitations for the informal brief, we deny his motion s for an evidentiary hearing and a certificate of appealability, and dismiss the appeal. 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.
DISMISSED