alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

therefore ordered submitted without oral argument. This order and judgment is

not binding precedent, except under the doctrines of law of the case, res judicata,

and collateral estoppel.

FILED

United States Court of Appeals

Tenth Circuit

April 22, 2011

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

ROGER LEE REED,

Petitioner-Appellant,

v.

CAROL HOLINKA, Warden,

Respondent-Appellee.

No. 10-3334

(D.C. No. 5:08-CV-03209-RDR)

(D. Kan.)

ORDER AND JUDGMENT*

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

Roger Lee Reed appeals from the denial of his 28 U.S.C. § 2241 petition

seeking early release from federal prison. We affirm.

Mr. Reed was convicted under Kansas law for committing theft while on

probation. The state court imposed a prison sentence of fifty-seven months. 

Shortly after his state conviction, Mr. Reed pled guilty in federal court to illegal

possession of a firearm. The court sentenced him to thirty-six months to run
-2-

consecutively to his state sentence. On May 31, 2007, while serving his state

sentence, Mr. Reed was erroneously transferred to federal custody. Upon

discovering this administrative error, federal authorities promptly returned him to

Kansas. On April 3, 2009, Mr. Reed completed his state sentence and was

transferred back to federal custody to serve out his federal sentence. Time

mistakenly spent in federal custody was credited against his state sentence.

On appeal, Mr. Reed makes two arguments for early release. First, he

contends his federal sentence actually commenced on May 31, 2007 (not April 3,

2009) when he was erroneously transferred to federal custody. Second, he says

he should have received credit against his federal sentence for time served before

April 3, 2009. The district court rejected both these arguments. Relying on

Binford v. United States, 436 F.3d 1252 (10th Cir. 2006), and Stroble v. Terrell,

200 F. App’x 811 (10th Cir. 2006) (unpublished), the court held that Mr. Reed’s

federal sentence commenced on April 3. See 18 U.S.C. § 3585(a). Moreover, it

held that no time served before April 3 could be credited against his federal

sentence because that time had already been credited against his state sentence. 

See 18 U.S.C. § 3585(b). After reviewing the record ourselves, we cannot

disagree with the district court. Accordingly, and for substantially the same

reasons given by the court in its thorough order, we affirm the denial of 
-3-

Mr. Reed’s habeas petition and deny his “Motion for Judgment on the Pleadings

Summary Judgment Rule 56 (a - g).”

Entered for the Court

Neil M. Gorsuch

Circuit Judge
<PAGE>   1


EXHIBIT 23.1          CONSENT OF KPMG LLP



The Board of Directors
Alternative Living Services, Inc.:

We consent to incorporation by reference in the registration statements (No.
333-32907) on Form S-8, (No. 333-37737) on Form S-3, (No. 333-38595) on Form
S-8, (No. 333-39705) on Form S-3, and (No. 333-45433) on Form S-3 of Alternative
Living Services, Inc. of our report dated February 22, 1999, relating to the
consolidated balance sheets of Alternative Living Services, Inc. and
subsidiaries as of December 31, 1998 and 1997, and the related consolidated
statements of operations, changes in stockholders' equity and cash flows for
each of the years in the three-year period ended December 31, 1998, which report
appears in the December 31, 1998, annual report on Form 10-K of Alternative
Living Services, Inc.



KPMG LLP

Chicago, Illinois
March 29, 1999



































                                       56
EX-10.29



 Exhibit 10.29 

AMENDATORY AGREEMENT 
 TO
CHANGE IN CONTROL AGREEMENT 
 This AMENDATORY AGREEMENT (the “Amendatory Agreement”) is made and entered into
as of the 23rd day of February, 2017 by and among Lakeland Bancorp, Inc. (“Bancorp”), Lakeland Bank (the “Bank” and, collectively with Bancorp, the “Company”) and
David S. Yanagisawa (the “Executive”). 
 WITNESSETH: 

WHEREAS, the Company and the Executive entered into a certain Change in Control Agreement, dated as of November 24, 2008, which
Agreement has been amended from time to time thereafter (as amended, the “Agreement”); and 
 WHEREAS, the Agreement
provides for certain terms and conditions of the Executive’s employment in the event of a “Change in Control” (as defined therein); and 

WHEREAS, the Company and the Executive desire to amend the Agreement to clarify certain terms of the severance to be paid thereunder;
and 
 WHEREAS, Section 17 of the Agreement permits the Agreement to be amended by a writing executed by the parties thereto;

 NOW, THEREFORE, the Company and the Executive hereby agree that, effective as of the date first above written, the
following sections are hereby amended: 
  

	 	1.	Section 1(c) of the Agreement (definition of the “Contract Period”) is hereby amended by deleting the noted subsection in its entirety and replacing it with the following: 


Contract Period. “Contract Period” shall mean the period commencing the day immediately preceding a Change in Control and
ending of the earlier of (i) the second anniversary of the Change in Control, (ii) December 31, 2017, or (iii) the death of the Executive.” 

Except as specifically provided herein to the contrary, the Agreement shall continue in full force and effect. 

[Signature Page Follows] 







 IN WITNESS WHEREOF, the Company has caused this Amendatory Agreement to be
executed and the Executive has hereunto set his hand, all as of the date first above written. 
  

			
	EXECUTIVE:
	
	 /s/ David S. Yanagisawa

	David S. Yanagisawa
	
	LAKELAND BANCORP, INC.
		
	By:	 	 /s/ Thomas J. Shara

		 	Thomas J. Shara, President and CEO
	
	LAKELAND BANK
		
	By:	 	 /s/ Thomas J. Shara

		 	Thomas J. Shara, President and CEO
Order entered May 6, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01603-CV

IN THE INTEREST OF Z.M.C. AND R.B.C., CHILDREN

On Appeal from the 199th Judicial District Court

Collin County, Texas

Trial Court Cause No. 199-52980-2008

ORDER

Before the Court is Niles Illich’s April 23, 2014 motion to withdraw and motion to 

extend time to file brief. To the extent Mr. Illich seeks to withdraw as counsel for appellant, we 

DENY the motion without prejudice to refiling a motion that complies with Texas Rule of 

Appellate Procedure 6.5. See Tex. R. App. P. 6.5. We GRANT the request for additional time 

to file brief and ORDER the brief be filed no later than June 16, 2014.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7483

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. DAVID EUGENE ALLEN , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill

. Cameron McGowan Currie , Senior District Judge. ( 0:19

- cr - 00846

- CMC

- 1; 0:21

- cv 00157

- CMC )

Submitted : February 24, 2022 Decided: March 1, 2022

Before GREGORY, Chief Judge, and NIEMEYER and KING , Circuit Judges.

Dismissed by un published per curiam opinion

.
David Eugene Allen, Appellant Pro Se. Elliott Bishop Daniels, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: David Eugene Allen seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 225 5 motion . The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)( B ). 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 the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists c ould find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis , 137 S. Ct . 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is
debatable and that the motion states a debatable claim of the denial of a constitutional right.
Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473,
484 (2000))

. We have independently reviewed the record and conclude that Allen has not made the requisite showing. Accordingly, we deny a certificate of appealabi lity 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
<PAGE>

                                                                   EXHIBIT 10.41

                     Addendum 3 to Master Services Agreement

Exult, Inc. ("Service Provider") and Bank of America Corporation ("Customer")
are parties to that certain Master Services Agreement dated as of November 21,
2000 (the "Agreement") as amended by the parties. The following is hereby added
as Section 4.1.8 to Schedule C of the Agreement:

         "4.1.8  [***]* of Quarterly Baseline Charges for the Calendar Quarters
                  ---
                 Ended September 30, 2002 and December 31, 2002

         The Quarterly Baseline Charges for the quarter ended September 30, 2002
         is hereby [***]* by [***]*. The Quarterly Baseline Charge for the
         quarter ended December 31, 2002 is hereby [***]* by [***]*. Such [***]*
         will be reflected in the Quarterly Baseline Charges invoices to be
         issued by Service Provider on or about July 1, 2002 and October 1,
         2002, respectively."

This Addendum 3 is entered into by Service Provider and Customer as of May 23,
2002.

                                                     Bank of America Corporation

                                                     By:________________________



                                                     Exult, Inc.

                                                     By:________________________

* CONFIDENTIAL INFORMATION HAS BEEN OMITTED
<TABLE> <S> <C>

<PAGE>     
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
FINANCIAL STATEMENTS DATED AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                           1,533
<SECURITIES>                                         0
<RECEIVABLES>                                    1,331
<ALLOWANCES>                                         0
<INVENTORY>                                     20,554
<CURRENT-ASSETS>                                23,681
<PP&E>                                           8,572
<DEPRECIATION>                                   2,025
<TOTAL-ASSETS>                                  31,350
<CURRENT-LIABILITIES>                            8,417
<BONDS>                                          4,334
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            41
<OTHER-SE>                                      18,557
<TOTAL-LIABILITY-AND-EQUITY>                    31,350
<SALES>                                         64,555
<TOTAL-REVENUES>                                64,555
<CGS>                                           48,072
<TOTAL-COSTS>                                   10,857
<OTHER-EXPENSES>                                   564
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,289
<INCOME-PRETAX>                                  3,833
<INCOME-TAX>                                     1,450
<INCOME-CONTINUING>                              2,383
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,383
<EPS-PRIMARY>                                      .78
<EPS-DILUTED>                                      .78
        

</TABLE>
TRICCAR, Inc. 10-Q/A



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 TRICCAR, Inc. (the “ Company ”) on Form 10-Q for the period
ended March 31, 2020, as filed with the Securities and Exchange Commission on the date hereof (the “ Report
”), I, Katrina Yao, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant
to Section 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, as applicable;
and



2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company at the dates and for the periods indicated.



|Dated
    this July 21, 2020 |                            
|---------------------------- | ---------------------------
|                             |                            
|By:                          | /s/
    Katrina Yao        
|                             | Katrina Yao,               
|                             | Chief Financial
    Officer





17
<PAGE>

                                                                  EXHIBIT 24.11



POWER OF ATTORNEY


The undersigned director and/or officer of Karrington Health, Inc. (the
"Company"), does hereby constitute and appoint Richard R. Slager and Alan B.
Satterwhite, or either of them, my true and lawful attorneys and agents, each
with full power of substitution, to do any and all acts and things in my name
and on my behalf in my capacity as a director of the Company and to execute
any and all instruments for me and in my name in the capacity indicated
above, which said attorneys or agents, or either of them, may deem necessary
or advisable to enable the Company to comply with the Securities Exchange Act
of 1934, as amended, and any rules, regulations and requirements of the
Securities and Exchange Commission thereunder, in connection with the filing
requirements of the Company's Annual Report on Form 10-K for the fiscal year
ended December 31, 1996 (the "1996 Form 10-K"), including specifically but
without limitation, power and authority to sign for me in my name, in the
capacity indicated above, the 1996 Form 10-K and any and all amendments to
such 1996 Form 10-K; and I do hereby ratify and confirm all that the said
attorneys and agents, or their substitute or substitutes, or either of them,
shall do or cause to be done by virtue hereof.

                                        /S/ MICHAEL H. THOMAS
                                        Michael H. Thomas
                                        Director
----

----

|   | (1) | the      Company’s Quarterly Report on Form 10-Q for the period ended July 5, 2009      fully complies with the requirements of Section 13(a) or 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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |                      |                                                |
|---------------------------------------|---------------------------|-----------------------------------------------------|
|                                  | APPLETON      PAPERS INC. |
|                                  |                      |                                                |
| Dated:  August      7, 2009 |                      | /s/      Mark R. Richards                      |
|                                  | Name:                     | Mark      R. Richards                               |
|                                  | Title:                    | Chairman,      President and Chief ExecutiveOfficer |
Fourth Court of Appeals

San Antonio, Texas

June 4, 2019

No. 04-17-00338-CV

Travis CROW, Britt A. Crow, Laurian Crow Edison, and Karen A. Kraft,

Appellants

v.

Heddie Knappick LOOKADOO, Lisa Knappick Lucas, Mary Brown, Margaret Brown Nugent, 

Charles Brown, Joseph Gallagher, Josephine Brown Noll, Pamela Gallagher Palmer, and Irene 

B. Zoeller,

Appellees

From the 218th Judicial District Court, La Salle County, Texas

Trial Court No. 14-10-00188-CVL

Honorable Donna S. Rayes, Judge Presiding

O R D E R

Appellants have filed a Sixth Response to Abatement, in which appellants assert the 

parties jointly request that we extend the abatement of this appeal for thirty days so that the 

parties may effectuate the terms of their settlement agreement. The request is GRANTED. It is 

ORDERED that appellants file, on or before July 3, 2019, a response in this court addressing 

whether the abatement should be lifted and the appeal reinstated on the docket of this court.

TEX. R. APP. P. 42.1, 43.2; see Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 180 

(Tex. App.—San Antonio 2001, no pet.).

_________________________________

Irene Rios, Justice

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

court on this 4th day of June, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
BIOANALYSIS CORPORATION'S ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED JANUARY
3, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-END>                               JAN-03-1998
<CASH>                                          19,759
<SECURITIES>                                         0
<RECEIVABLES>                                   36,425
<ALLOWANCES>                                     5,085
<INVENTORY>                                     23,905
<CURRENT-ASSETS>                                90,610
<PP&E>                                          23,918
<DEPRECIATION>                                  10,094
<TOTAL-ASSETS>                                 202,909
<CURRENT-LIABILITIES>                           34,714
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           111
<OTHER-SE>                                      67,741
<TOTAL-LIABILITY-AND-EQUITY>                   202,909
<SALES>                                        139,454
<TOTAL-REVENUES>                               139,454
<CGS>                                           65,895
<TOTAL-COSTS>                                   65,895
<OTHER-EXPENSES>                                11,670
<LOSS-PROVISION>                                   528
<INTEREST-EXPENSE>                               4,723
<INCOME-PRETAX>                                 12,893
<INCOME-TAX>                                     4,642
<INCOME-CONTINUING>                              8,251
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,251
<EPS-PRIMARY>                                      .76
<EPS-DILUTED>                                      .70
        

</TABLE>
Order entered July 9, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00859-CV

NAUTIC MANAGEMENT VI, L.P., Appellant

V.

CORNERSTONE HEALTHCARE GROUP HOLDINGS, INC., Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. 11-04339

ORDER

The Court has before it appellant’s motion to stay discovery and pretrial proceedings 

pending interlocutory appeal and appellee’s response to that motion. The Court GRANTS the 

motion and ORDERS that all discovery and pretrial proceedings related to appellant be stayed. 

This stay shall remain in place until further order of this Court.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C. § 1350, as adopted), Larry G. Stambaugh, Chief Executive
Officer of Maxim Pharmaceuticals, Inc. (the "Company"), hereby certifies that to the best of his knowledge:

In Witness Whereof,the undersigned has set his hands hereto as of the 20th day of December, 2002.

| |  | /s/ LARRY G. STAMBAUGHLarry G. Stambaugh, Chief Executive Officer
| |  | -----------------------------------------------------------------

---

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