alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JOSHUA EIN 131640299, §

aka Joshua Jamal Muhammad, §

 §

Plaintiff, §

 §

v. § Civil Action No. 4:22-cv-00350-O-BP

 §

UNITED STATES POSTAL §

SERVICE, §

 §

Defendant. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, 

Conclusions, and Recommendation of the United States Magistrate Judge and any 

objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District 

Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and 

they are accepted as the Findings and Conclusions of the Court. 

Accordingly, it is ORDERED that this case is DISMISSED WITHOUT 

PREJUDICE. 

SO ORDERED on this 14th day of June, 2022. 

Case 4:22-cv-00350-O Document 11 Filed 06/14/22 Page 1 of 1 PageID 27
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Wheeling-Pittsburgh Corporation Consolidated Financial Statements as of
September 30, 2000 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   57,031
<ALLOWANCES>                                       807
<INVENTORY>                                    279,282
<CURRENT-ASSETS>                               344,309
<PP&E>                                       1,235,405
<DEPRECIATION>                                 574,935
<TOTAL-ASSETS>                               1,314,063
<CURRENT-LIABILITIES>                          400,105
<BONDS>                                        356,563
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     144,245
<TOTAL-LIABILITY-AND-EQUITY>                 1,314,063
<SALES>                                        272,530
<TOTAL-REVENUES>                               272,530
<CGS>                                          254,251
<TOTAL-COSTS>                                  291,625
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,075
<INCOME-PRETAX>                               (30,509)
<INCOME-TAX>                                   (9,138)
<INCOME-CONTINUING>                           (21,371)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (21,371)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<PAGE>
                                                                    Exhibit 32.1

                    CERTIFICATION OF CEO AND CFO 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 GeneLink, Inc. (the "Company") on
Form 10-QSB for the period ended September 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), John R. DePhillipo,
as Chief Executive Officer and Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge that:

      (1) The Report fully complies with the requirements of Section 13(a) or
15(d) 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 at the dates and for the periods shown in such report.


Date: November 11, 2004                  By: /s/ John R. DePhillipo
                                             -------------------------------
                                             John R. DePhillipo, Chief Executive
                                               Officer and President
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CLINICOR,
INC. FINANCIAL STATEMENTS AS OF MARCH 31, 1998, AND FOR THE 3-MONTH PERIOD ENDED
MARCH 31, 1998, AND THE ACCOMPANYING NOTES AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       3,085,720
<SECURITIES>                                         0
<RECEIVABLES>                                2,420,629
<ALLOWANCES>                                    20,000
<INVENTORY>                                    186,300
<CURRENT-ASSETS>                             5,672,649
<PP&E>                                       1,718,054
<DEPRECIATION>                                 783,414
<TOTAL-ASSETS>                               6,607,289
<CURRENT-LIABILITIES>                        2,917,015
<BONDS>                                         55,206<F1>
<PREFERRED-MANDATORY>                            4,136
<PREFERRED>                                          0
<COMMON>                                     8,930,000
<OTHER-SE>                                  (5,299,068)
<TOTAL-LIABILITY-AND-EQUITY>                 6,607,289
<SALES>                                      2,198,916
<TOTAL-REVENUES>                             2,198,916
<CGS>                                        1,851,327
<TOTAL-COSTS>                                2,782,736
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,598
<INCOME-PRETAX>                               (561,222)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (561,222)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (561,222)
<EPS-PRIMARY>                                    (0.19)
<EPS-DILUTED>                                    (0.19)
<FN>
<F1>Consists of capitalized lease obiligations, excluding current portions.
</FN>
        

</TABLE>
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published. 

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-20107

Conference Calendar 

__________________

SHIRLEY CLARK LA BLANCHE,

 Petitioner-Appellant,

versus

SHELLY P. HANCOCK, Judge,

 Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 95-MC-27

- - - - - - - - - -

August 22, 1995

Before KING, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Shirley Clark La Blanche's motion for

leave to proceed in forma pauperis (IFP) and for appointment of

counsel are DENIED, because her appeal from the denial of

mandamus relief lacks arguable merit and is therefore frivolous. 

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Because the appeal is frivolous, IT IS FURTHER ORDERED that the
No. 95-20107

-2-

appeal is DISMISSED. See 5th Cir. R. 42.2.

La Blanche was named the defendant in four misdemeanor cases

filed in a Texas state court. The trial judge and a state

appellate court denied her applications for the judge's recusal. 

La Blanche then sought to achieve that result by filing a

petition for mandamus in the United States district court. She

now requests leave to proceed IFP upon this appeal from the

denial of her said petition.

"[A] federal court lacks the general power to issue writs of

mandamus to direct state courts and their judicial officers in

the performance of their duties where [as in La Blanche's case]

mandamus is the only relief sought." Moye v. Clerk, DeKalb

County Superior Court, 474 F.2d 1275, 1276 (5th Cir. 1973). In

Howell v. Supreme Court of Texas, 885 F.2d 308, 309-13 (5th Cir.

1989), cert. denied, 496 U.S. 936 (1990), this court held that

the district court lacked jurisdiction under 42 U.S.C. § 1983 to

review Texas Supreme Court justices' refusal to recuse or

disqualify themselves in a state court civil proceeding. 

Accordingly, La Blanche's appeal is frivolous as a matter of law.

MOTIONS FOR IFP AND COUNSEL DENIED; APPEAL DISMISSED.
```

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Page 67152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28081]

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

COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meetings

DATES: Time and Date: 10 a.m., Friday, November 25, 2011.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

STATUS: Closed.

Matters To Be Considered

Surveillance and Enforcement Matters.

    In the event that the times or dates of these or any future 
meetings change, an announcement of the change, along with the new time 
and place of the meeting will be posted on the Commission's Web site at 
http://www.cftc.gov.

CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, (202) 418-
5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2011-28081 Filed 10-27-11; 11:15 am]
BILLING CODE 6351-01-P
```
III

103D CONGRESS

2D SESSION H. CON. RES. 286

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Referred to the Committee on Foreign Relations

CONCURRENT RESOLUTION

Recognizing the contribution of President Alfredo Cristiani

of El Salvador to achieve peace and national reconciliation in El Salvador.

Whereas President Alfredo Cristiani decisively led the Government of El Salvador in successful negotiations which

ended that country’s 12-year civil war;

Whereas President Cristiani initiated and oversaw the implementation of the important initial stages of the 1992

Peace Agreement, overcoming numerous obstacles in the

process;
2

HCON 286 RFS

Whereas the people of the United States and El Salvador recognize President Cristiani’s historic achievement and the

central role he has played in promoting genuine national

reconciliation in El Salvador;

Whereas President Cristiani ended his term of office on

June 1, 1994, transferring the powers of the presidency

to his democratically elected successor; and

Whereas this smooth and unprecedented democratic transition could not have taken place had it not been for the

efforts of President Cristiani to achieve peace in El Salvador: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) expresses its admiration for President

4 Cristiani for his unflagging service to the cause of

5 peace and democracy in El Salvador;

6 (2) applauds the statesmanlike manner in which

7 President Cristiani worked closely with the Friends

8 of the Peace Process, the United States, the United

9 Nations, and the rest of the international community

10 to achieve peace in El Salvador;

11 (3) applauds the efforts of President Cristiani

12 to lay a foundation of dignity and hope for the fu13 ture of the Salvadoran people; and

14 (4) expresses its hope that President Cristiani

15 will enjoy success in his future endeavors and re16 main engaged in public service on behalf of his coun-
3

HCON 286 RFS

1 try and on behalf of efforts to advance peace,

2 justice, and democracy throughout the Western

3 Hemisphere.

Passed the House of Representatives October 4,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.
### SERVED: June 

### 25, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF ABO SUPPLYLLC FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0713

ORDEROFDISMISSAL The Federal Aviation Administration (hereinafterreferred to as "Complainant") filed a Complaint dated August 5, 2013. ABO Supply, LLC. (hereinafterreferred to as "Respondent") filed a Request for Hearing dated July 30, 2013. Respondent filed a Requestto withdraw Request for Hearing/Answer dated June 24, 2014. 14 C.F.R. § 13.215 states: "Atany time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative lawjudge. Ifan agency attorney withdraws the complaint or apartywithdrawsthe request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this · subpart with prejudice." WHEREFORE, the within filed Request to Withdraw Request for Hearing having been read and considered, it is ORDERED as follows: I. Respondent's Request to Withdraw·Request for Hearing be and is hereby granted; and · 2. This proceedingbe and is hereby dismissed with prejudice.

Richard C. Goodwin
. U.S. Administrative LawJudge Attachment

- Service ListSERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1

Scott L. Johnston, Respondent's Counsel Givens & Johnston, PLLC 950 Echo Lane, Suite 360 Houston, TX 77024-2788 TEL: 713-932-1540 FAX: 713-932-1542 WATTS: 800-285-8042 ONE COPY

EMAIL: sjohnston@givensjohnston.com James Archier, Complainant's Counsel Attorney, Office ofthe Regional Counsel Southwest Region, ASW-7 Federal Aviation Administration 2601 Meacham Blvd., Suite 679 Fort Worth, TX 76137 TEL: 817-222-5074 FAX: 817-222-5945/5092 The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant/Paralegal FAX: 202-366-7536 FDMS Nos. FAA-2013.:0713 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

2
IA

103D CONGRESS

1ST SESSION H. J. RES. 189

Designating the week beginning February 6, 1994, as ‘‘Lincoln Legacy

Week’’.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1993

Mr. LEWIS of Georgia (for himself, Mr. VENTO, Mr. SAWYER, Mr. COPPERSMITH, and Mr. SHAYS) introduced the following joint resolution; which

was referred to the Committee on Post Office and Civil Service

JOINT RESOLUTION

Designating the week beginning February 6, 1994, as

‘‘Lincoln Legacy Week’’.

Whereas Abraham Lincoln exemplified honesty and fairness

to all people, generosity of spirit, and unswerving dedication to upholding democracy, human dignity, and the integrity of the United States of America;

Whereas February 12, 1994, marks the anniversary of the

birth of Abraham Lincoln;

Whereas Abraham Lincoln is revered throughout the world

for his vision of freedom and equality;
2

•HJ 189 IH

Whereas Abraham Lincoln’s contributions have touched the

lives of the people of the United States;

Whereas Abraham Lincoln’s legacy of freedom and equality

for all people continues to capture the imagination of

humanity;

Whereas the life and ideals of Abraham Lincoln are commemorated by the Lincoln Memorial;

Whereas the Lincoln Memorial has served as a platform for

individuals to exercise their democratic freedoms in support of civil rights, equal rights, and constitutional rights;

Whereas the legacy of Abraham Lincoln has inspired individuals in the United States, such as Dr. Martin Luther

King, Jr., to gather at the Lincoln Memorial to share

their dreams and lift their voices for a better United

States;

Whereas the youth of the United States will display the ideals

of freedom and civil rights by joining in the national

‘‘Pennies Make a Monumental Difference’’ campaign,

which emphasizes the importance of the involvement of

individuals;

Whereas during the week beginning February 6, 1994, students across the Nation will study the legacy of Abraham

Lincoln and participate in the ‘‘Pennies Make a Monumental Difference’’ campaign to support new exhibits at

the Lincoln Memorial; and

Whereas during the week beginning February 6, 1994, activities will occur that are designed to encourage people to

promote the legacy of Abraham Lincoln and further the

ideals of freedom and equality for all: Now, therefore, be

it
3

•HJ 189 IH

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the week beginning February 6, 1994, is designated

4 as ‘‘Lincoln Legacy Week’’, and the President is author5 ized and requested to issue a proclamation calling on the

6 people of the United States to observe the week with ap7 propriate ceremonies and activities.

Æ
IA

103D CONGRESS

1ST SESSION H. J. RES. 198

Designating the week of November 15 through 22, 1993, as the ‘‘National

Sportsmen’s Instruction Week’’.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. CAMP (for himself, Mr. COBLE, Mr. BREWSTER, Ms. SNOWE, Mr.

MCNULTY, Mr. LAROCCO, Mr. GINGRICH, Mr. SOLOMON, Mr. FROST,

Mr. PARKER, and Mr. WALSH) introduced the following joint resolution;

which was referred to the Committee on Post Office and Civil Service

JOINT RESOLUTION

Designating the week of November 15 through 22, 1993,

as the ‘‘National Sportsmen’s Instruction Week’’.

Whereas fishing and hunting continue to be a favorite pastime of many Americans as the most popular outdoor traditions;

Whereas nearly 46,500,000 United States residents, more

than 25 percent of the United States population 16 years

and older, enjoy some activity of fishing and 18,500,000

participate in hunting annually;
2

•HJ 198 IH

Whereas the annual rates of hunting and fishing-related injuries declined markedly since 1984 due to hunter’s safety

education;

Whereas 50,749 hunting and fishing instructors educate over

650,000 sportsmen and women annually about safe, responsible, and enjoyable recreation;

Whereas each State in the United States now has an agency

responsible for teaching safe hunting and fishing methods

in promoting hunting and fishing procedures and behavior and important conservation practices;

Whereas hunter education programs develop hunters who act

safely and responsibly, help to reduce the incidence of

hunting and fishing related accidents and wildlife violations; and

Whereas designation of ‘‘National Sportsmen’s Instruction

Week’’ provides recognition of those involved with instruction and those serviced and benefited by such instruction of safety education: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the week of November 15 through 22, 1993, is des4 ignated as ‘‘National Sportsmen’s Instruction Week’’, and

5 the President is authorized and requested to issue a proc6 lamation calling upon all Government agencies and the

7 people of the United States to observe such week with ap8 propriate programs, ceremonies, and activities.

Æ
1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JASON LAUCHNER,

Plaintiff,

v.

MARTIN DOMINGUEZ and 

FERMAN CINIA,

Defendants.

§

§

§

§

§

§

§

§

§

Civil Action No. 3:22-cv-1054-X-BN

MEMORANDUM OPINION AND ORDER

Under Federal Rule of Civil Procedure 41(b), the Court DISMISSES 

WITHOUT PREJUDICE plaintiff Jason Lauchner’s case against defendants

Martin Dominguez and Ferman Cinia for failure to prosecute his case and failure to 

comply with the Court’s order.

Lauchner filed his complaint in May 2022. Defendants never appeared and 

has since been in default for a period in excess of 90 days. Lauchner never moved for 

default. On October 25, 2022, the Court ordered Crider to move for entry of default 

and to comply with Local Rule 55.3 no later than November 25, 2022 [Doc. No. 7]. 

The Court warned in the same document that “[f]ailure to file the appropriate 

documents may result in dismissal of this case against defendants Martin Dominguez 

and Ferman Cinia without further notice.” Lauchner never moved for entry of 

default.

Rule 41(b) allows the Court to “dismiss the action or any claim against” the 

defendant if “the plaintiff fails to prosecute or to comply with these rules or a court 

Case 3:22-cv-01054-X Document 8 Filed 12/07/22 Page 1 of 2 PageID 60
2

order.”1 Dismissal under Rule 41(b) may be sua sponte, but it may be with prejudice 

“only if the failure to comply with the court order was the result of purposeful delay 

or contumaciousness and the record reflects that the district court employed lesser 

sanctions before dismissing the action.”2 

What is clear is that dismissal is appropriate under Rule 41(b) because

Lauchner has failed to prosecute his case and has disobeyed the Court’s orders. The 

more difficult inquiry is whether that dismissal should be with prejudice or without 

prejudice. The Court, in its discretion, notes that despite Lauchner’s failures, the 

record lacks the findings of purposeful delay or contumaciousness and the Court has 

not already imposed the lesser sanctions necessary to warrant dismissal with 

prejudice—the heightened standard for dismissal with prejudice that Rule 41(b) 

requires. Therefore, under Federal Rule of Civil Procedure 41(b), the Court 

DISMISSES WITHOUT PREJUDICE Lauchner’s case against the defendants for 

his failure to prosecute his case and his failure to comply with the Court’s orders.

IT IS SO ORDERED this 7th day of December, 2022.

BRANTLEY STARR

UNITED STATES DISTRICT JUDGE

1 FED. R. CIV. P. 41(b).

2 Long v. Simmons, 77 F.3d 878, 879–80 (5th Cir. 1996).

Case 3:22-cv-01054-X Document 8 Filed 12/07/22 Page 2 of 2 PageID 61