alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00762-CR

The State of Texas, Appellant

v.

Adrian Matthew Bolton, Appellee

FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY

NO. C-1-CR-09-222700, HONORABLE NANCY WRIGHT HOHENGARTEN, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The State of Texas has filed a motion to dismiss its appeal. We grant the motion and

dismiss the appeal. See Tex. R. App. P. 42.1(a).

____________________________________

David Puryear, Justice

Before Chief Justice Jones, Justices Puryear and Pemberton

Dismissed on State’s Motion

Filed: January 14, 2011

Do Not Publish
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASON ANDREW SMITH,

Plaintiff

- Appellant,

v.

JOHAL; et al.,

Defendants

- Appellees. No. 17

- 15252

D.C. No. 1:15

- cv

- 01662

- LJO

- MJS

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, Chief Judge, Presiding

Submitted May 24, 2017 **

Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,

Circuit Judges.

Jason Andrew Smith, a Cal ifornia state prisoner, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

constitutional v iolations in connection with his shoulder injury

. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo

. Wilhelm v. Rotman , 680

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 1 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 15252

F.3d 1113, 1118 ( 9th Cir. 2012) ( dismissal under 28 U.S.C. § 1915A); W ati son v.

Carter , 668 F.3 d 1108 , 1112 (9th Cir. 2012) (dismi ssal under 28 U.S.C.

§ 1915(e)(2)(B)(ii))

. We affirm in part, vacate in part, and remand

.

The district court properly dismissed Smith’s delibera te indifference claims

against d efendants Johal, Zepp, and Klang because Smith failed to allege facts

sufficient to show that these defendants were deliberate ly indifferent to Smi th’s

shoulder injury and pain

. See Toguchi v. Chung

, 391 F.3d 1051, 1057

- 60 ( 9th Cir.

2004) ( d eliberate indifference is a high legal standard; a difference of medical

opinion concerning the course of treatment , negligence, or medical malpractice

does not amount to deliberate indifference ).

However, dismissal of Smith’s deliberate indifference claim against

defendant Youssef was premature because Smith’s allegations regarding the delay

in his physical therapy , liberally construed, are “sufficient to warra nt ordering [ this

defendant ] to file an answer.” Wilhelm , 680 F.3d at 1116

. We vacate the dismissal

of Smith’s deliberate indifference claim regarding the delay in his physical therapy

as t o defendant Youssef, and remand for further proceedings.

AFFIRME D in part, VACATED in part, and REMANDED.
Exhibit 31.1
                                CEO Certification

               CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a)

I, Bradley T. MacDonald, certify that:

1.   I have reviewed this report on Form 10-K of Medifast, Inc.;
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.   I am 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.   I have disclosed, based on my 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.

Date: March 15, 2006


/s/ Bradley T. MacDonald
-------------------------------
Bradley T. MacDonald
Chairman Of the Board and Chief Executive Officer

                                       25
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 annual report on Form 10-K of Bedford Property Investors, Inc. (the Company) for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Hanh Kihara, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 906), 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.





March 15, 2006

/s/ Hanh Kihara

Hanh Kihara

Chief Financial Officer
### THE THIRTEENTH COURT OF APPEALS

13

- 20

- 00131

- CV

AARON BENBOW v. MOHAMMAD AL

- BARNAWI
On Appeal from the County Court at Law No. 5 of Nueces County , Texas Trial Court Cause No. 2019

- CV

- 61909

- 5

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having consider ed this cause on appeal, concludes the judgment of the trial court should be reversed and the cause remanded to the trial court . The Court orders the judgment of the trial court REVERSED and REMANDED for further proceedings consistent with its opinion . Cos ts of the appeal are adjudged against appell ee

. We further order this decision certified below for observance. August 12, 2021
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6587

DANIEL ALLEN, SR.,

Petitioner - Appellant,

versus

RAYMOND SMITH, Superintendent,

Respondent - Appellee,

and

THEODIS BECK, Secretary of North Carolina

Corrections,

Respondent.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle, Chief

District Judge. (CA-03-503-5-BO)

Submitted: October 18, 2004 Decided: November 18, 2004

Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Daniel Allen, Sr., Appellant Pro Se. Clarence Joe DelForge, III,

NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
PER CURIAM:

Daniel Allen, Sr., seeks to appeal the district court’s

order dismissing as untimely his 28 U.S.C. § 2254 (2000) petition.

An appeal may not be taken from the final order in a habeas corpus

proceeding unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683 (4th Cir. 2001).

By failing to challenge in his informal brief the

district court’s finding regarding timeliness, Allen has waived his

right to challenge the district court’s dismissal of his § 2254

petition as untimely. 4th Cir. R. 34(b). Moreover, our

independent review of the record reflects that his petition was

indeed untimely. Accordingly, we deny 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 the court and argument would not

aid the decisional process.

DISMISSED
[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1945-1946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00429]


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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts


Arts Advisory Panel Meetings

AGENCY: National Endowment for the Arts.

ACTION: Notice of meetings.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, as amended, 
notice is hereby given that 5 meetings of the Arts Advisory Panel to 
the National Council on the Arts will be held by teleconference or 
videoconference.

DATES: See the SUPPLEMENTARY INFORMATION section for individual meeting 
times and dates. All meetings are Eastern time and ending times are 
approximate:

ADDRESSES: National Endowment for the Arts, Constitution Center, 400 
7th St. SW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: Further information with reference to 
these meetings can be obtained from David Travis, Office of Guidelines 
& Panel Operations, National Endowment for the Arts, Washington, DC 
20506; <a href="/cdn-cgi/l/email-protection#dca8aebdaab5afb89cbdaea8aff2bbb3aa"><span class="__cf_email__" data-cfemail="d1a5a3b0a7b8a2b591b0a3a5a2ffb6bea7">[email protected]</span></a>, or call 202-682-5001.

SUPPLEMENTARY INFORMATION: The closed portions of meetings are for the 
purpose of Panel review, discussion, evaluation, and recommendations on 
financial assistance under the National Foundation on the Arts and the 
Humanities Act of 1965, as amended, including information given in 
confidence to the agency. In accordance with the determination of the 
Chair of March 11, 2022, these sessions will be closed to the public 
pursuant to 5 U.S.C. 10.
    The upcoming meetings are:
    NEA Jazz Masters Fellowships Panel A (review of applications): This 
meeting will be closed.
    Date and time: February 6, 2024; 2:00 p.m. to 4:00 p.m.
    NEA Jazz Masters Fellowships Panel B (review of applications): This 
meeting will be closed.
    Date and time: February 6, 2024; 2:00 p.m. to 4:00 p.m.
    Shakespeare in American Communities Cooperative Agreement

[[Page 1946]]

Panel (review of applications): This meeting will be closed.
    Date and time: February 13, 2024; 1:00 p.m. to 3:00 p.m.
    NEA Big Read Cooperative Agreement Panel (review of applications): 
This meeting will be closed.
    Date and time: February 14, 2024; 2:00 p.m. to 4:00 p.m.
    Creative Placemaking Technical Assistance (review of applications): 
This meeting will be closed.
    Date and time: February 15, 2024; 2:00 p.m. to 4:00 p.m.

    Dated: January 8, 2024.
David Travis,
Specialist, National Endowment for the Arts.
[FR Doc. 2024-00429 Filed 1-10-24; 8:45 am]
BILLING CODE 7537-01-P


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


                              ARM FINANCIAL GROUP, INC.
                                515 WEST MARKET STREET
                              LOUISVILLE, KENTUCKY 40202


                                                  December 4, 1997

Mr. Martin H. Ruby
ARM Financial Group, Inc.
515 West Market Street
Louisville, Kentucky 40202

Dear Marty:

          This letter amendment (this "AMENDMENT") sets forth our mutual
understanding concerning an amendment to your Employment Agreement with ARM
Financial Group, Inc. (the "COMPANY") dated as of July 1, 1996 (the "EMPLOYMENT
AGREEMENT").

          1.  Section 5.1.1 is hereby amended by inserting the words "the
     penultimate sentence of this Section 5.1.1 and" after the word "of" in the
     first line of Section 5.1.1.

          2.   Section 5.1.1 is hereby further amended by inserting the
     following as the penultimate sentence in such Section 5.1.1:

          "In the event the Executive terminates his employment hereunder
          pursuant to Section 5.4(iv) or (v), the payments described in the
          first sentence of this Section 5.1.1 shall be reduced by an amount
          equal to the payments received by the Executive as a Sale Bonus under
          the Company's Sale Bonus Plan."

          3.   The parenthetical contained in the second line of Section 5.4 is
     amended in its entirety to read as follows: "(without the Executive's
     prior written consent in the case of clauses (i), (ii) and (iii) below)".

          4.   This Amendment shall be governed in accordance with the laws of
     the State of New York.

          5.   Except as modified hereby, the Employment Agreement remains in
     full force and effect.

<PAGE>

                                          2

          Please evidence your agreement with this Amendment by executing the
acknowledgment set forth below.

                                        ARM FINANCIAL GROUP, INC.

                                        /s/ Frank V. Sica
                                        -------------------------
                                        Name:
                                        Title:


ACKNOWLEDGED AND
AGREED AS OF THE DATE
FIRST ABOVE WRITTEN


/s/ Martin H. Ruby
-----------------------
   Martin H. Ruby
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4930 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 4930

     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act with respect to Federal assistance to individuals and 
                  households, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2018

Mr. Culberson introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act with respect to Federal assistance to individuals and 
                  households, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Assistance Rental Fairness 
Act''.

SEC. 2. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended by adding at the end the 
following:
    ``(k) Prohibition.--Notwithstanding any other provision of this 
section, the President shall not consider the income of an individual 
or household in determining whether to provide, or continue to provide, 
to that individual or household rental assistance under this 
section.''.
                                 <all>
```
IIB 

115TH CONGRESS 

2D SESSION H. R. 4725 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2018 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

To amend the Federal Deposit Insurance Act to require 

short form call reports for certain depository institutions. 

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


amozie on DSK30RV082PROD with BILLS
2 

HR 4725 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Community Bank Re3 porting Relief Act’’. 

4 SEC. 2. SHORT FORM CALL REPORTS. 

5 Section 7(a) of the Federal Deposit Insurance Act 

6 (12 U.S.C. 1817(a)) is amended by adding at the end the 

7 following: 

8 ‘‘(12) SHORT FORM REPORTING.— 

9 ‘‘(A) IN GENERAL.—The appropriate Fed10 eral banking agencies shall issue regulations 

11 that allow for a reduced reporting requirement 

12 for a covered depository institution when the in13 stitution makes the first and third report of 

14 condition for a year, as required under para15 graph (3). 

16 ‘‘(B) DEFINITION.—In this paragraph, the 

17 term ‘covered depository institution’ means an 

18 insured depository institution that— 

19 ‘‘(i) has less than $5,000,000,000 in 

20 total consolidated assets; and 


amozie on DSK30RV082PROD with BILLS
3 

HR 4725 RFS

1 ‘‘(ii) satisfies such other criteria as 

2 the appropriate Federal banking agencies 

3 determine appropriate.’’. 

Passed the House of Representatives March 6, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


amozie on DSK30RV082PROD with BILLS
MEMORANDUM 

DATE: September 9, 2014

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Ray Saracino, EPA

SUBJECT: September 8, 2014 Meeting Regarding Proposed Clean Power Plan for Existing 

Power Plants

SUMMARY

A meeting was held between EPA and the attendees listed below on September 8, 2014 to 

discuss the proposed Clean Power Plan for Existing Power Plants and the forthcoming 

Supplemental Proposal for Tribes and Territiories. The Clean Power Plan for Existing Power 

Plants was proposed on June 2, 2014.

ATTENDEES

1. John J. Cruz SPORD/GPA

2. John Benavente CCU/GPA

3. Robert Greneman LUMUS Consultants, Int’l./GPA

4. Graham Botha Legal/GPA

5. Michelle Lastimoza GEPA

6. Loung Truong GEPA

7. Vincent J. Pereira GEPA

8. Sylvia Ipanag P&R/GPA

9. Jennifer Sablan SPORD/GPA

10. Norbert Madrazo P&R/GPA

11. Marvin Poliarco P&R/GPA

12. Lorina Sabangan P&R/GPA

13. Paz Tison SPORD/GPA

14. Lorraine Shinohara SPORD/GPA

15. Artemio Perez GPA

16. Noel Cruz P&R/GPA

17. Ben Machol U.S.EPA

18. Michael Mann U.S.EPA

19. Ray Saracino U.S.EPA

Attachments
32.1 SECTION 1350 CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER
 
 CERTIFICATION
OF CHIEF EXECUTIVE OFFICER
 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 Commonwealth Income & Growth Fund
IV, (the “Company”) on Form 10-Q for the quarter ended September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Kimberly A. Springsteen-Abbott, Chief Executive Officer of the
general partner of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best
of 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/ Kimberly A.
      Springsteen-AbbottKimberly
      A. Springsteen-AbbottChief
      Executive OfficerNovember
      14, 2008
**Exhibit 15.1**

May 9, 2011 

The Board of Directors and Shareholders 

MCG Capital Corporation 

We are aware of theincorporation by reference in the Registration Statements (Form S-8 No. 333-137565 and Form S-8 No. 333-167494) pertaining to the Third Amended and Restated 2006 Employee Restricted Stock Plan of MCG Capital Corporation and the ThirdAmended and Restated 2006 Non-Employee Director Restricted Stock Plan of MCG Capital Corporation of our report dated May 9, 2011 relating to the unaudited consolidated interim financial statements and schedules of MCG Capital Corporationincluded in its Form 10-Q for the three- month period ended March 31, 2011.
EXHIBIT 10.2


                         SUMMARY OF EMPLOYMENT AGREEMENT
                                FOR PAUL ROBINSON

Position:         Chief Executive Officer, President, Treasurer and Chairman of
                  the Company.

Base Salary:      $251,700, per annum.

Bonus:            Determined in discretion of Company's Board of Directors.

Benefits:         Participation in any medical plan, vacation and other benefits
                  maintained by Company for its executives.

Term:             Commencing on January 1, 2005 and ending on December 31, 2005.

Severance:        12 months severance upon termination without cause.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch, 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.

 February 5, 2021

Order 

Clerk

February 5, 2021

162278(68)

SAMER BAHNAM,

Plaintiff-Appellee,

and

AMERICAN ANESTHESIA ASSOCIATES, 

LLC, SPINE SPECIALISTS OF MICHIGAN, 

PC, and ADVANCED SURGERY CENTER, 

LLC, 

Intervening Plaintiffs,

SC: 162278

v COA: 347638

Macomb CC: 2017-003983-NI

FARM BUREAU GENERAL INSURANCE 

COMPANY OF MICHIGAN, 

Defendant-Appellant, 

and

LISA LYNN GROSS, 

Defendant. 

______________________________________/

On order of the Chief Justice, the motion of plaintiff-appellee to extend the time for 

filing his answer to the application for leave to appeal is GRANTED. The answer 

submitted on January 29, 2021, is accepted as timely filed.