alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11/30/201 1 14:0 4 FAX 202493514 2 FA A - DMS (2)001/00 2



### •'iPARTfviEi^l TO F i-'A-iSPHRTATin M U.S . DEPARTMEN T O FTRANSPORTATIO N' ••-'^^i-q^f^i^n.r ^

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## J ENTR Y O FAPPEARANC E Pursuan t t o 1 4 C.F.R . § 13.204(b) , th e undersigne dhereb y ente r thei r appearanc e a s representative s o f

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Division , AOC-30 0 Offic e o f th e Chie f

Counse l Federa l Aviatio nAdministratio n 80 0 Independenc e Avenue , S.W . Washington , D.C . 2059 1 C202- ) 267-738 1

Dated ; Novembe r

15 . 201 1 

# RECEIVE D NO V 2 ) 

### 231 1 

# HEARIN G DOCKE T11/30/201 1 14:0 4 FAX 202493514 2 FA A- QMS @i002/00 2

CERTIFICAT EO FSERVIC E

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requested , acop y o f

th e Complainant' s Entr y o f Appearanc e i nFA Av . Bria nWallaesa . FDM S No . FA A 2010-0628 , addresse dto :

Bria nWallaes a 1127 2 Wortha mCres t

Circl e Manassas , V A 2010 9 Inaddition , I hereb y certif y tha t o nthi s dat e I sen t

acop y o f

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th e facsimile , to : ITi e Hon . Ronni e A . Yode r Chie f Administrativ e La w Judg e U.S . Departmen t

o f Transportatio n Pftlc e o f Hearings , M-20 , Roo mE l 2-32 0 120 0 Ne w Jerse y Avenue , S.H . Washington , D C 2059 0 TEL : 202-366-214 2 FAX : 202-366-753 6 Inaddition , 1 hereb y certif)

- tha t o nthi s dat e I sen t

th e origina l an don e cop y o f th e foregoin g documen t b y certifie dmail , retur nreceip t requested , addresse dto : Federa l Aviatio nAdministratio n 80 0 Independenc e Ave . S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , ACJC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W100 0

'^^- ^ Dated : Novembe r

15,20 1 1
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 40259 Summary Calendar

**Demontrous Witcher,**

Plaintiff

— Appellant **,**

versus
**LaSalle Corrections; FNU Jones,** Captain **,** LaSalle Corrections **; John Doe,**  Security Officer **,** LaSalle Corrections **; John Doe,** Nurse **,** LaSalle Corrections **,** Defendants

— Appellees

**.**

Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:20

- CV

- 186

Before **Stewart, Dennis,** and **Willett,** Circuit Judges

**. Per Curiam**  **:** *
Demontrous Witcher, Texas prisoner #02197222, seeks leave to proceed in forma pauperis ( **IFP** ) on appeal from the dismissal of his 42 U.S.C. § 1983 complaint. Witcher consented to proceed before a magistrate

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circ umstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 23, 2022 Lyle W. Cayce Clerk Case: 22-40259 Document: 00516482098 Page: 1 Date Filed: 09/23/2022No. 22

- 40259

2 judge, who determined that the claims were time barred and dismissed the case as frivolous and for failure to state a claim upon which relief may be

gran ted. The district court denied Witcher leave to proceed **IFP** on appeal.
By moving in this court to proceed **IFP** , Witcher is challenging the district court’s certification that the appeal is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). In reviewing the district court’s decision, our inquiry “is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). A complaint is frivolou s where the
claims asserted are time

- barred. Moore v. McDonald , 30 F.3d 616, 620 (5th Cir. 1994).

Witcher’s appeal is without arguable merit and is thus frivolous.
Howard , 707 F.2d at 220

. Because the appeal is frivolous, it is dismissed, and
the motion to proceed **IFP** is denied. See **5th Cir. R.** 42.2; Baugh , 117 F.3d

at 202 & n.24 . The district court’s dismissal of Witcher ’s § 1983 complaint and this court’s dismissal of his appeal as frivolous both count as strikes for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996), abrogated in part on other grounds by Coleman v. Tollefson , 575
U.S. 532, 537

- 40 (2015). Witcher is warned that if he accumulates three strikes, he will not be able to proceed **IFP** in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).
**IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED** 

. Case: 22-40259 Document: 00516482098 Page: 2 Date Filed: 09/23/2022
# C_2009006EN.01001401.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/14 |
| --- | --- | --- | --- |

10.1.2009

EN

Official Journal of the European Union

C 6/14

---

Action brought on 30 October 2008 — Commission of the European Communities v French Republic

(Case C-468/08)

(2009/C 6/22)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and V. Peere, acting as Agents)

Applicant:

Defendant: French Republic

Defendant:

Form of order sought

| — | declare that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1) or, in any event, by failing to inform the Commission thereof, the French Republic has failed to fulfil its obligations under that Directive; |
| --- | --- |

—

declare that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1) or, in any event, by failing to inform the Commission thereof, the French Republic has failed to fulfil its obligations under that Directive;

1

| — | order the French Republic to pay the costs. |
| --- | --- |

—

order the French Republic to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2005/36/EC expired on 20 October 2007. At the date of bringing this action, the defendant had not yet taken all the measures necessary to transpose the Directive or, in any event, it had not informed the Commission of them.

---

(1)  OJ 2005 L 255, p. 22.

1

---
# C_2009282EN.01001101.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/11 |
| --- | --- | --- | --- |

21.11.2009

EN

Official Journal of the European Union

C 282/11

---

Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-219/08) (1)

1

(Failure of a Member State to fulfil obligations - Freedom to provide services - Unjustified obstacle - Posting of workers who are nationals of non-member States)

2009/C 282/18

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa, J.-P. Keppenne and G. Rozet, Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, and M. Detry, avocat)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Unjustified obstacle to the free provision of services — Posting of workers who are nationals of third countries

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Commission of the European Communities and the Kingdom of Belgium each to bear its own costs.. |
| --- | --- |

2.

Orders the Commission of the European Communities and the Kingdom of Belgium each to bear its own costs..

---

(1)  OJ C 183, 19.07.2008.

1

---
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Ms. SPEIER:
       H.R. 6269.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8: Congress shall have the power to 
     regulate commerce among the states, and provide for the 
     general welfare.
```
# C_2009044EN.01002902.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/29 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/29

---

Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 26 November 2008 — Criminal proceedings against Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luís das Neves Palhota, Termiso Lda

(Case C-515/08)

(2009/C 44/49)

Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties to the main proceedings

Criminal proceedings against Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luís das Neves Palhota, Termiso Lda

Question referred

Do the provisions of Article 8 of the Law of 5 March 2002 and Articles 3, 4 and 5 of the Royal Decree of 29 March 2002 (implementation decree) infringe Article 49 and Article 50 of the EC Treaty, in that they impose on foreign employers who wish to post workers the prior obligation of sending a declaration of posting to the Social Laws Inspection Service (Dienst Toezicht op de Sociale Wetten) and also of keeping documents which are comparable with the Belgian individual accounts or pay slips, as a result of which access to the Belgian services market is prevented or at least hampered?

---
# C_2008285EN.01002702.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/27 |
| --- | --- | --- | --- |

8.11.2008

EN

Official Journal of the European Union

C 285/27

---

Action brought on 5 September 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-390/08)

(2008/C 285/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: U. Wölker and J.-P. Keppenne, Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

| — | Declare that by failing to communicate the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (1), read in conjunction with Articles 8, 9, 10 and 11 of Commission Decision No 166/2005/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (2), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 3(2) of Decision No 280/2004/EC, read in conjunction with Articles 8, 9, 10 and 11 of Decision No 166/2005/EC; |
| --- | --- |

—

Declare that by failing to communicate the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (1), read in conjunction with Articles 8, 9, 10 and 11 of Commission Decision No 166/2005/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (2), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 3(2) of Decision No 280/2004/EC, read in conjunction with Articles 8, 9, 10 and 11 of Decision No 166/2005/EC;

1

2

| — | Order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

Pursuant to Article 3(2) of Decision No 280/2004/EC, read in combination with Decision No 166/2005/EC, the Member States were required to communicate to the Commission, by 15 March 2005 and every two years thereafter information on the national measures adopted to limit and/or reduce greenhouse gas emissions and implement the Kyoto Protocol.

At the date on which the present action was brought, the defendant had not communicated the measures in question to the Commission.

---

(1)  OJ 2004 L 49, p. 1.

1

(2)  OJ 2005 L 55, p. 57.

2

---
Exhibit 10.27


 


[Cogent Logo]


 


 


6715 Kenilworth Avenue Partnership


1015 31st St, NW


Washington, DC  20007


 


Re:       Extension
of Lease Agreement dated Sept 1, 2000 and Amendments dated through August 5,
2003.

Premises: 1015 31st Street, NW, Washington, DC  20007


 


 


February 3, 2005


 


Dear Mr Schaeffer,


 


In reference to the above subject Lease
Agreement between Cogent Communications, Inc. (tenant) and 6715 Kenilworth
Avenue Partnership (Landlord), the parties agree that Tenant may by written
notice, at least 30 days prior to expiration of lease, extend the lease for one
year, with a new expiration date of August 31, 2006.


 


All other conditions of the Lease, as
amended, including rent, remain unchanged.


 


 


	
  TENANT:
  Cogent Communications, Inc.

  
	
   

  
	
   

  
	
  /s/ Thaddeus
  G. Weed

  	
   

  
	
  Thaddeus G.
  Weed

  
	
  Title: Chief
  Financial Officer

  
	
   

  
	
   

  
	
  LANDLORD:
  6715 Kenilworth Avenue Partnership

  
	
   

  
	
   

  
	
  /s/ David
  Schaeffer

  	
   

  
	
  David
  Schaeffer

  
	
  Title: General Partner
```

[Congressional Record Volume 158, Number 118 (Friday, August 3, 2012)]
[Extensions of Remarks]
[Page E1421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

        IRAN THREAT REDUCTION AND SYRIA HUMAN RIGHTS ACT OF 2012

                                 ______
                                 

                               speech of

                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                       Wednesday, August 1, 2012

  Mr. BLUMENAUER. Mr. Speaker, Today, a time of heightened tensions in 
U.S.-Iran relations, I voted for the Iran Threat Reduction and Syria 
Human Rights Act of 2012, H.R. 1905, a balanced and serious approach 
towards ensuring Iran will never have nuclear weapons.
  Throughout my time in Congress, I have firmly opposed the use of 
indiscriminate sanctions as a blunt tool of foreign policy, one often 
more successful as political fodder than as leverage to effect positive 
change.
  The timing of previous Iran sanctions legislation was damaging, 
undermining the administration in the midst of complex, delicate 
discussions with Iran. Today, the circumstances have changed. 
Negotiations are stalled, and this legislation has been focused and 
toned-down, making it an asset, not a liability, for the administration 
as it works to prevent a nuclear-armed Iran.
  A coherent and unified U.S. policy towards Iran is the best way to 
strengthen diplomacy, which remains the best, some say the only, way to 
prevent Iran from acquiring nuclear weapons. This revised legislation--
based on input from a broad coalition, including the White House--
brings coherence and focused pressure to the negotiating table.
  I commend Chairwoman Ros Lehtinen and Ranking Member Berman of the 
House Foreign Affairs Committee for producing a bill that is based on 
policy, not politics. There were extreme voices pushing to include some 
very harsh language that, for example, would have made the few 
currently permitted humanitarian transactions with Iranian financial 
institutions illegal. To the benefit of the U.S. and innocent Iranian 
civilians, these provisions were left out.
  Another critical change to this legislation is language that 
clarifies in the Act is not an authorization of the use of force 
against Iran or Syria.
  The resolution would provide the administration with additional 
leverage for their broader diplomatic effort. Sanctions are effective 
when it is clear that if concessions are made, the other side has the 
ability to reciprocate by easing elements of the sanctions regime. This 
bill provides the administration with such flexibility.
  In the midst of negotiations yet to yield progress, focused sanctions 
that unite both Congress and the executive provides leverage that 
increases the likelihood of success, and an alternative to military 
action, which our nation can ill-afford and which I oppose.

                          ____________________
```
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```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S5995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 2771. Mr. COBURN proposed an amendment to the bill S. 
     3326, to amend the African Growth and Opportunity Act to 
     extend the third-country fabric program and to add South 
     Sudan to the list of countries eligible for designation under 
     that Act, to make technical corrections to the Harmonized 
     Tariff Schedule of the United States relating to the textile 
     and apparel rules of origin for the Dominican Republic-
     Central America-United States Free Trade Agreement, to 
     approve the renewal of import restrictions contained in the 
     Burmese Freedom and Democracy Act of 2003, and for other 
     purposes.
       SA 2772. Mrs. SHAHEEN (for herself and Mr. Portman) 
     submitted an amendment intended to be proposed by her to the 
     bill S. 3326, supra; which was ordered to lie on the table.
       SA 2773. Mr. REID (for Mr. Leahy (for himself, Mr. 
     Grassley, Mr. Paul, and Mr. Hatch)) proposed an amendment to 
     the bill S. 3245, to extend by 3 years the authorization of 
     the EB-5 Regional Center Program, the E-Verify Program, the 
     Special Immigrant Nonminister Religious Worker Program, and 
     the Conrad State 30 J-1 Visa Waiver Program.
       SA 2774. Mr. REID (for Mr. Leahy (for himself and Mr. 
     Grassley)) proposed an amendment to the bill S. 3245, supra.
       SA 2775. Mr. REID (for Mr. Coons) proposed an amendment to 
     the resolution S. Res. 402, condemning Joseph Kony and the 
     Lord's Resistance Army for committing crimes against humanity 
     and mass atrocities, and supporting ongoing efforts by the 
     United States Government and governments in central Africa to 
     remove Joseph Kony and Lord's Resistance Army commanders from 
     the battlefield.
       SA 2776. Mr. REID (for Mr. Brown of Ohio) proposed an 
     amendment to the resolution S. Res. 418, amend the title so 
     as to read: ``Commemorating the 70th anniversary and 
     commending the brave men of the 17th Bombardment Group 
     (Medium) who became known as the ``Doolittle Tokyo Raiders'' 
     for outstanding heroism, valor, skill, and service to the 
     United States in conducting the bombing of Tokyo on April 18, 
     1942 .''.
       SA 2777. Mr. REID (for Mr. Brown of Ohio) proposed an 
     amendment to the resolution S. Res. 418, supra.
       SA 2778. Mr. REID (for Mr. Brown of Ohio) proposed an 
     amendment to the resolution S. Res. 418, supra.
       SA 2779. Mr. REID (for Mr. Webb (for himself, Mr. Kerry, 
     Mr. Lugar, Mr. Inhofe, Mr. Lieberman, Mr. McCain, and Mr. 
     Levin)) proposed an amendment to the resolution S. Res. 524, 
     reaffirming the strong support of the United States for the 
     2002 declaration of conduct of parties in the South China Sea 
     among the member states of ASEAN and the People's Republic of 
     China, and for other purposes.

                          ____________________
```