alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 2155** 

ORLANDO IRA BROWN , Plaintiff

- Appellant ,
v. SOUTH CAROLINA, STATE OF , Defendant

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Columbia
. Margaret B. Seymour , Senior District Judge. ( 3:13

- cv - 02983

- MBS )

Submitted : January 15, 2015 Decided: January 20, 2015

Before WILKINSON and NIEMEYER , Circuit Judges , and DAVIS , Senior Circuit Judge
.
Affirmed by un published per curiam opinion
.
Orlando Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Orlando Brown appeals the district court ’ s order adopting the magistrate judge’s report and recommendation and dismissing without prejudice his discrimination complaint against the State of South Carolina as barred by res judicata
. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district
court. Brown v. South Carolina , No. 3:13

- cv - 02983

- MBS (D.S.C. Sept. 24, 2014) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
* Pursuant to 5TH CIR. R. 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should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40585

Summary Calendar

MICHAEL JOSEPH DERROW

Plaintiff-Appellant

v.

UNIDENTIFIED UNIDENTIFIED, U.S. District Clerk; JOHN DOE, Numbered

One Through Ten, All Individually and Under the Capacity of Employment;

UNITED STATES DISTRICT CLERK; UNITED STATES ATTORNEY

GENERAL DEPARTMENT OF JUSTICE; UNITED STATES ATTORNEY FOR

THE EASTERN DISTRICT OF TEXAS; RICHARD BRAZZIL; US

MAGISTRATE JUDGE KEITH F GIBLIN

Defendants-Appellees

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:06-CV-137

Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.

PER CURIAM:*

Michael Joseph Derrow, federal prisoner # 03199-286, moves this court to

proceed in forma pauperis (IFP) in this appeal from the district court’s dismissal

of his civil lawsuit against several federal officials involved in the prosecution of

United States Court of Appeals

Fifth Circuit

F I L E D

February 13, 2008

Charles R. Fulbruge III

Clerk
No. 07-40585

2

Derrow’s criminal conviction. The district court dismissed Derrow’s suit because

it was barred by the principles of res judicata; it was an unauthorized successive

28 U.S.C. § 2255 motion; it was barred by Heck v. Humphrey, 512 U.S. 477

(1994); and it was barred by the statute of limitations. The district court also

denied Derrow’s requestto proceed IFPon appeal, certifying thatthe appeal was

nottaken in good faith. Derrow’s IFP motion is a challenge to the district court’s

certification that his appeal is not taken in good faith. See Baugh v. Taylor, 117

F.3d 197, 202 (5th Cir. 1997). 

Derrow does not address the district court’s reasons for dismissing his

lawsuit. Because he fails to identify any error in the district court’s analysis, the

argumentis abandoned. See Brinkmann v. Dallas County Deputy Sheriff Abner,

813 F.2d 744, 748 (5th Cir. 1987). 

Derrow has not shown that he will present a nonfrivolous issue on appeal.

See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, the motion

for leave to proceed IFP is denied and the appeal is dismissed as frivolous. See

Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2. 

The dismissal of Derrow’s lawsuit by the district court as frivolous and the

dismissal of this appeal as frivolous count as two strikes under 28 U.S.C.

§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Derrow

is cautioned that if he accumulates three strikes under § 1915(g), 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. § 1915(g). 

IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING

ISSUED.
EXHIBIT 31.2


CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO


SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, David Lieberman, certify that:
 
 1. I have reviewed this quarterly report on Form 10-Q of World Health Energy Holdings, 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.  The  registrant's other certifying  officer 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)) for the registrant 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 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 quarterly 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 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 our 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: November 12, 2010
 
 /s/David Lieberman


David Lieberman
 Chief Accounting Officer
Exhibit 10.1


 


Heritage Property Investment Trust, Inc.


 


Schedule of Non-Employee Director
Compensation(1)


 


	
  Annual Retainer

  	
   

  	
  $30,000

  
	
   

  	
   

  	
   

  
	
  Board Meeting Fees

  	
   

  	
  $250 (per
  meeting attended)

  
	
   

  	
   

  	
   

  
	
  Lead Director Retainer

  	
   

  	
  $25,000

  
	
   

  	
   

  	
   

  
	
  Committee Chair Retainer

  	
   

  	
  Audit
  Committee: $5,000

  Compensation Committee: $3,000

  Nominating and Corporate Governance Committee: $2,000

  Other Committees: $2,000

  
	
   

  	
   

  	
   

  
	
  Committee Meeting Fees

  	
   

  	
  $1,500 (per
  meeting attended)

  
	
   

  	
   

  	
   

  
	
  Annual Deferred Stock  Unit
  Awards

  	
   

  	
  Each
  director receives an annual grant of 1,000 deferred stock units (“DSUs”). The
  DSUs are not issued until the director ceases to be on the Board, at which
  time an equivalent number of shares of our common stock will be issued to the
  director, plus all accrued dividends.

  



 










(1) Directors
may elect to receive their compensation in the form of cash, shares of our
common stock or additional DSUs.
I

103D CONGRESS

1ST SESSION H. R. 1456

To amend the Internal Revenue Code of 1986 to provide that income of

spouses will not be aggregated for purposes of the limitations of sections

401(a)(17) and 404(2) of such Code.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1993

Mrs. JOHNSON of Connecticut introduced the following bill; which was referred

to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide

that income of spouses will not be aggregated for

purposes of the limitations of sections 401(a)(17) and

404(2) of such Code.

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

3 That (a) Paragraph (17) of section 401(a) of the Internal

4 Revenue Code of 1986 is amended by striking the last sen5 tence and inserting the following: ‘‘In determining the

6 compensation of an employee, the rules of section

7 414(q)(6) shall apply, except that in applying such rules,

8 the term ‘‘family’’ shall include only the lineal descendants
2

HR 1456 IH

1 of the employee who have not attained age nineteen before

2 the close of the year.’’.

3 (b) Subsection (2) of section 404 of the Internal Rev4 enue Code of 1986 is amended by striking the last sen5 tence and inserting the following: ‘‘In determining the

6 compensation of an employee, the rules of section

7 414(q)(6) shall apply, except that in applying such rules,

8 the term ‘family’ shall only include any lineal descendants

9 of the employee who have not attained age nineteen before

10 the close of the year.’’.

11 (c) The amendments made by this section shall apply

12 to plan years beginning after the date of the enactment

13 of this Act.

Æ
#### LINTHICUM et al. v. TUCKER et ux.

No. 3800.

Court of Civil Appeals of Texas. Beaumont.

Jan. 23, 1941.

John W. Ford, of Kilgore, for appellants.

S. M. Adams and R. A. McAlister, both of Nacogdoches, for appellees.

O’QUINN, Justice.

This is an appeal from a judgment of the district court of Nacogdoches county. Neither party has filed briefs, and there is no excuse offered for not doing so.

The appeal is dismissed for want of prosecution.
Exhibit 32.2

CERTIFICATE OF CHIEF FINANCIAL OFFICER

This Certificate is being delivered pursuant to the
requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code and shall not be relied on by any person for any other purpose.

The undersigned, who is the Senior Vice President and Chief Financial Officer of CCF Holding Company (the registrant), hereby certifies as
follows:

The Quarterly Report on Form 10-QSB/A of the registrant (the Report), which accompanies this Certificate, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and all information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
registrant.

Dated this 2nd day of June, 2006.



/s/ Mary Jo RogersMary Jo Rogers, Senior Vice President and Chief Financial Officer


A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002
has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
#### WILDER v. AMERICAN PRODUCE CO. et al.

No. 7559.

Supreme Court of Texas.

June 26, 1940.

C. C. Carsner, of Victoria, for plaintiff in error.

Edward L. Dunlap, of Victoria, for defendants in error.

CRITZ, Justice.

This case was originally tried in Victoria County, Texas, and appealed to the Court of Civil Appeals at San Antonio. On the equalization of the -dockets of the several courts of civil appeals it was transferred to the Court of Civil Appeals at El Paso. On final hearing in the last mentioned court the appeal was dismissed on the ground that the record was not filed in the San Antonio court in compliance with the requirements of Art. 1839, R.C.S.1925, as now amended, Vernon’s Ann. Civ.St. art. 1839. The opinion of the Court of Civil Appeals which is reported at 124 S.W.2d 400, fully and fairly states the facts as shown by the record. We quote the following from that opinion: “The judgment of the trial court was rendered in the case on December 2, 1937, and filed on December 8, 1937. Appellant’s motion for a new trial was filed on December 4, 1937, and overruled by an order of the court on December 24, 1937. On February 12, 1938, the court entered its order extending the time for filing the statement of facts and bills of exception for ten days to and including February 22, 1938. On March 3, 1938, the San Antonio Court of Civil Appeals, to which the case was appealed, entered an order on appellant’s motion filed on February 21, 1938, extending the time for such filing to April 1, 1938. On April 13, 1938, the San Antonio Court entered an order on appellant’s motion filed on March 28, 1938, extending the time for such filing to May 1, 1938. The record was filed in the San Antonio Court of Civil Appeals on May 1, 1938. On June 9. 1938, this case was transferred to this Court by the Supreme Court by its equalization order.”

In Parks et al. v. Purnell et al., 141 S.W.2d 585, this day decided by this Court, we have construed the above mentioned statute as authorizing the Court of Civil Appeals to grant extensions in the manner and under the circumstances shown by this record. The opinion in the Parks case rules this case adversely to the ruling and judgment of the Court of Civil Appeals.

The judgment of the Court of Civil Appeals dismissing this appeal is reversed and the cause remanded to that court to be considered on its merits.
[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 69045-69046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29120]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations

    Nominations for the following properties being considered for 
listing in the National Register were received by the National Park 
Service before November 3, 2000. Pursuant to Sec. 60.13 of 36 CFR Part 
60 written comments concerning the significance of these properties 
under the National Register criteria for evaluation may be forwarded to 
the National Register, National Park Service, 1849 C St. NW, NC400, 
Washington, DC 20240. Written comments should be submitted by November 
30, 2000.

Carol D. Shull,
Keeper of the National Register.
CONNECTICUT
New Haven County
    New England Cement Company Kiln and Quarry, Address Restricted, 
Woodbridge, 00001454
GEORGIA
Echols County
    Corbett Farm, Rte 2, Lake Park, 00001455
ILLINOIS
Vermilion County
    Temple Building, 102-106 N. Vermilion St., Danville, 00001457
IOWA
Marion County
    East Amsterman School, 1010 198th Place, Pella, 00001471
Polk County
    Hallett Flat--Rawson & Co. Apartment Building, 1301-1307 Locust 
St., Des Moines, 00001456

[[Page 69046]]

MARYLAND
Baltimore Independent City
    Standard Oil Building, 501 St. Paul St., Baltimore (Independent 
City), 00001461
Washington County
    Hills, Dales, and the Vineyard, 16 Dogstreet Rd., Keedysville, 
00001460
MASSACHUSETTS
Berkshire County
    Jacob's Pillow Dance Festival, George Carter Rd., Becket, 00001458
MISSISSIPPI
Hinds County
    Evers, Medgar, House, 2332 Margaret Walker Alexander Dr., Jackson, 
00001459
    Hinds County Armory, 1012 Mississippi St., Jackson, 00001462
NEW HAMPSHIRE
Coos County
    Weeks, William Dennis, Memorial Library, 128 Main St., Lancaster, 
00001464
Merrimack County
    Durgin, Gershom, House, 391 Franklin Hwy.,
Rockingham County
    Danville Town House, 210 Main St., NH 111A, Danville, 00001465
NEW JERSEY
Somerset County
    Relief Home Company No. 2 Engine House, 16 Anderson St., Raritan 
Borough, 00001466
NEW YORK
Niagara County
    District #10 Schoolhouse, (Cobblestone Architecture of New York 
State MPS) 9713 Seaman Rd., Hartland, 00001467
Oswego County
    Oswego West Pierhead Lighthouse, Lake Ontario, 0.5 mi. N of Oswego 
R., Oswego, 00001468
WASHINGTON
Whatcom County
    Nuxwt'iqw'em, Address Restricted, Upper Middle Fork, 00001472
WISCONSIN
Vernon County
    Masonic Temple Building, 116 S. Main St., Viroquoa, 00001469
WYOMING
Converse County
    North Douglas Historic District, Roughly bounded by Second St., 
Clay St., Sixth St., and Center St., Douglas, 00001470
    A Request for a MOVE has been made for the following resource:
CONNECTICUT
Litchfield County
    Sloan-Raymond-Fitch House, 249 Danbury Rd., Wilton, 82004344

[FR Doc. 00-29120 Filed 11-14-00; 8:45 am]
BILLING CODE 4310-70-P
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#### ADAMS v. STATE.

No. 20190.

Court of Criminal Appeals of Texas.

March 1, 1939.

On Motion to Reinstate April 12, 1939.

D. E. O’Fiel and W. R. Blain, both of Beaumont, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of fifty dollars and confinement in jail for five days.

It does not appear that appellant was sentenced. The conviction being for a felony, the law requires that sentence be duly pronounced upon the appellant. In the absence of a sentence this court is without jurisdiction.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

On Appellant’s Motion to Reinstate.

KRUEGER, Judge.

At a former day of this court, this cause was dismissed because of a defective record. The appeal has now been perfected and the cause will be considered on its .merits.

The record is before us without a statement of facts or bills of exceptions. The indictment is sufficient to charge the offense and procedural matters appear to’be in due order.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commis,sion of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
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