alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4.

1 28 U.S.C. § 1915(e)(2)(B)(I).

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-40551

Summary Calendar

MICHAEL LOU GARRETT,

Plaintiff-Appellant,

versus

R. McVEY; G.J. GOMEZ; D.B. McELVANEY;

R. MUNOZ; E. FRANCO; A. LOPEZ; J. LOPEZ;

R. ROMERO,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(G-97-CV-602)

December 30, 1999

Before POLITZ, JOLLY, and WIENER, Circuit Judges.

PER CURIAM: *

Michael Lou Garrett, a Texas prisoner, appeals the dismissal as frivolous 1 of

his 42 U.S.C. § 1983 complaint against several prison officials. We affirm in part

and vacate and remand in part.

Garrett alleges that prison officials did not investigate adeq uately several

grievances he made. We agree with the district court that these allegations are

insufficient to support a constitutional claim. Garrett further alleges retaliation and2 Yohey v. Collins , 985 F.2d 222 (5 th Cir. 1993).

3 Brewer v. Wilkinson , 3 F.3d 816 (5 th Cir. 1993).

4 Nance v. Kelly , 912 F.2d 605 (2d Cir. 1990).

5 Id. at 606.

2 certain conspiracy claims which the district court dismissed. Garrett attempts to

support these claims on appeal by incorporating factual allegations and arguments

raised in the district court. This he may not do. 2 Garrett fails to acquit his burden

of showing that the district court abused its discretion in dismissing these claims

and the action of the trial court is accordingly affirmed.

We do not agree, however, with the summary dismissal of Garrett’s

complaint that prison officials denied his constitutional right of access to the courts

by stealing his mail. 3 The factual deficiencies identified by the trial court do not

warrant a dismissal as frivolous at this stage of the proceedings. 4 “So long as the

in for ma pauperis plaintiff raises a cognizable claim, dismissal on the basis of

factual deficiencies in the com plaint must wait” for further developments and

filings. 5 Garrett alleges that a folder containing materials he had compiled in

anticipation of litigation was stolen by prison officials. He alleges a potential

motive, that the underlying claim in the intended lawsuit involved act ion by the

spouse of the alleged thief. Garrett claims that witnesses saw that particular prison

official leaving his cubicle with a file. We note that prison officials acknowledge

a “shakedown” of Garrett’s cubicle by the alleged thief at about the relevant time.

Under these circumstances, the dismissal of this claim as frivolous at this time is3

inappropriate and the judgment of the court in that regard must be vacated.

AFFI RMED in part, VACATED and REMANDED in part for further

proceedings consistent herewith.
[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Notices]
[Page 76267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31219]



[[Page 76267]]

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

FEDERAL ELECTION COMMISSION


Sunshine Act Notices

AGENCY: Federal Election Commission.

Special Executive Session

    Date & Time: Thursday, November 30, 2000, following the open 
meeting.
    Place: 999 E Street, NW., Washington, DC.
    Status: This meeting was closed to the public pursuant to 11 CFR 
Sec. 2.4(b)(1).
    Item to be discussed: Personnel.

    Date & Time: Tuesday, December 12, 2000 at 10:00 a.m.
    Place: 999 E Street, NW., Washington, DC.
    Status: This meeting was closed to the public.
    Items to be Discussed:
    Compliance matters pursuant to 2 U.S.C. Sec. 437g.
    Audits conducted pursuant to 2 U.S.C. Sec. 437g, Sec. 438(b), and 
Title 26, U.S.C.
    Matters concerning participation in civil actions or proceedings or 
arbitration.
    Internal personal rules and procedures or matters affecting a 
particular employee.

    Date & Time: Thursday, December 14, 2000 at 10:00 a.m.
    Place: 999 E Street, NW., Washington, DC.
    Status: This meeting was closed to the public.
    Item to be discussed:
    Correction and Approval of Minutes
    Election of Officers.
    Future Meeting Dates.
    Draft Advisory Opinion 200-28: American Seniors Housing Associaiton 
(ASHA) and the National Multi Housing Council (NMHC) by counsel, Cheryl 
M. Cronin.
    Draft Advisory Opinion 2000-36: Andersen Consulting PAC by counsel, 
John C. Keeney, Jr.
    Draft Advisory Opinion 2000-38: Democractic Party of the 
commonwealth of Puerto Rico.
    Draft Advisory Opinion 2000-39: Pacific Green Party of Oregon by 
Trey Smith, Treasurer.
    Regulations Priority Report.
    Administrative Matters.

PERSON TO CONTACT FOR INFORMATION: Mr. Ron Harris, Press Officer, 
Telephone: (202) 694-1220.

Mary W. Dove,
Acting Secretary of the Commission.
[FR Doc. 00-31219 Filed 12-4-00; 2:11 pm]
BILLING CODE 6715-01-M
**Exhibit 31.2**

 

**CERTIFICATION PURSUANT TO RULES 13a-14(a) AND 15d-14(a)**

**UNDER THE SECURITIES EXCHANGE ACT OF 1934 AS ADOPTED PURSUANT TO**

**SECTION 302OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Subhash C. Sarda, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of Novoste Corporation;

 

2. Based on my knowledge, this quarterly report does not contain any untruestatement 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 quarterly report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly 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 quarterly report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining 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 materialinformation 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 quarterly report is being prepared; 

 

b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this quarterly 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 quarterly report any change in the registrant’s internal controlover 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. The registrant’s other certifying officer and I have disclosed, basedon 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 equivalent functions): 

 

a) all significant deficiencies and material weaknesses in the design or operation ofinternal 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’sinternal control over financial reporting. 

 

Date: August 8, 2003
U.S. DEPARTMENT OF ENERGY

PUBLIC MEETING ON ENERGY CONSERVATION STANDARDS FOR

COMMERCIAL REFRIGERATION EQUIPMENT

U.S. Department of Energy

1000 Independence Avenue, SW.

Washington, DC 20585

Thursday, October 3, 2013

Room 8E-089

Purpose

The Department of Energy (DOE) seeks comments, information, and data from interested parties on the 

Notice of Proposed Rule (NOPR) documents addressing proposed energy conservation standards for 

commercial refrigeration equipment.

Agenda

9:00 – 9:10 am Welcome and Introductions, Opening Remarks

Doug Brookman

9:10 – 9:30 am Overview, Scope, Test Procedure 

Charles Llenza

Summary presentation and overview of the rulemaking process, scope of 

coverage, and test procedures.

9:30 – 10:00 am Market and Technology Assessment and Screening Analysis

Collin Weber

Summary presentation and discussion regarding the proposed approach and 

factors considered for the market assessment and screening analysis

10:00 – 10:45 am Engineering Analysis

Collin Weber

Summary presentation and discussion regarding the proposed approach and 

factors considered for the engineering analysis

10:45 – 11:00 am Break

11:00 – 11:15 am Markups Analysis; Energy Use Analysis 

Katie Coughlin

Summary presentation and discussion regarding the approach used and factors 

considered for the markups to determine equipment price analysis, and energy 

use analysis. 

11:15 – 11:30 pm Life-Cycle Costs and Payback Period Analysis

Katie Coughlin

Summary presentation and discussion regarding the approach used and factors 

considered for the life-cycle cost and payback period analysis. 
U.S. DEPARTMENT OF ENERGY

PUBLIC MEETING ON ENERGY CONSERVATION STANDARDS FOR

COMMERCIAL REFRIGERATION EQUIPMENT

U.S. Department of Energy

1000 Independence Avenue, SW.

Washington, DC 20585

Thursday, October 3, 2013

Room 8E-089

Agenda (cont.)

11:30 – 12:00 pm Shipments Analysis and National Impact Analysis

Katie Coughlin

Summary presentation and discussion regarding the approach used and factors 

considered for the shipments analysis and national impact analysis

12:00 – 1:00 pm Lunch

1:00 – 1:30 pm Manufacturer Impact Analysis

Christopher Lau

Summary presentation and discussion regarding the approach used and factors 

considered for the manufacturer impact analysis

1:30 – 2:00 pm NOPR Analysis

Katie Coughlin

Summary presentation and discussion regarding the analysis that were conducted 

in the Notice of Proposed Rulemaking (NOPR) stage. These include: life-cycle 

cost subgroups analysis, utility impact analysis, employment impact analysis, 

environmental assessment, and regulatory impact analysis

2:00 – 2:15 pm Break

2:15 – 2:45 pm Proposed Standard

Katie Coughlin

Summary presentation and discussion regarding the proposed standard. 

2:45 – 3:00 pm Closing Remarks

Charles Llenza
**Coordinating Council on Juvenile Justice and Delinquency Prevention**

**Quarterly Meeting**

**September 14, 2012**

# U.S. Department of Justice, Office of Justice Programs

**810 Seventh Street NW, 3rd Floor Conference Center, Washington, DC 20531**

**10–10:05 a.m.		Welcome and Opening Remarks**

*Mary Lou Leary, Acting Assistant Attorney General, Office of Justice Programs,*

*U.S. Department of Justice*

**

**10:05–10:40 a.m. 	Girls at the Margin: Risk Factors and Needs**

*Moderator: Lawanda Ravoira, Director, National Girls Institute*

*Barbara Guthrie, Associate Dean for Academic Affairs and Professor, Yale*

*School of Nursing*

*Malika Saar, Executive Director, Human Rights Project for Girls*

*Terri Yellowhammer, Native Streams Institute, Education Development Center*

**

**10:40–11:10 a.m.	Girls’ Pathways to Success**

*Moderator: Lawanda Ravoira, Director, National Girls Institute*

*******Danielle De Land, National Crittenton Foundation*

*Withelma “T” Ortiz Walker Pettigrew, Member, Board of Directors,*

*Human Rights Project for Girls*

*Jeannette Pai-Espinosa, President, National Crittenton Foundation*

*Francine Sherman, Clinical Professor and Director, Juvenile Rights Advocacy*

*Project, Boston College Law School*

******

**11:10–11:20 a.m.	Break**

**11:20 a.m.****–12 p.m.	Panelists’ Comments and Discussion of Federal Agency Coordination**

*Facilitator: Pam Rodriguez, Practitioner Member and President, TASC, Inc.*

**12–12:25 p.m. 	Agency Announcements and Updates**

****

**12:25–12:30 p.m.	Summary and Meeting Adjournment**

*Mary Lou Leary, Acting Assistant Attorney General*

# image1.jpeg
Motion Denied; Order filed September 15, 2015.

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00220-CR

____________

VINCENT LAMON WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1420283

ORDER

Appellant is represented by appointed counsel, Sarah V. Wood. Appellant’s 

brief was originally due May 28, 2015. We have granted extensions of 90 days to 

file appellant’s brief. When we granted the last extension, we noted that no further 

extensions would be granted absent exceptional circumstances. No brief was filed. 

On September 8, 2015, counsel filed a further request for extension of time to file 
appellant’s brief. Counsel did not allege any exceptional circumstances in the 

request. 

We deny the request for extension and issue the following order.

Accordingly, we order Sarah V. Wood to file a brief with the clerk of this 

court on or before September 28, 2015. If counsel does not timely file appellant’s 

brief as ordered, the court will issue an order abating the appeal and directing the 

trial court to conduct a hearing to determine the reason for the failure to file the 

brief and the consideration of sanctions, appointment of new counsel, or other 

appropriate relief.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Donovan.
Exhibit 11
                               Novoste Corporation
                        Computation of Net Loss Per Share



<TABLE>
<CAPTION>
                                    Three Months Ended          Nine Months Ended
                                       September 30,              September 30,
                                -------------------------   -------------------------
                                   1997           1996         1997          1996
                                -----------   -----------   -----------   -----------
<S>                             <C>           <C>           <C>           <C>         
Weighted average number of
shares of common stock
outstanding during the period.    8,489,546     8,086,006     8,375,739     6,002,227

Effect of common stock issued
and stock options and warrants
granted during the 12-month
period preceding April 11,
1996(1) ......................           --            --            --       391,767

Elimination of duplicative
effect of including the same
shares in both amounts
above ........................           --            --            --      (118,616)
                                -----------   -----------   -----------   -----------
Total common and common
equivalent shares ............    8,489,546     8,086,006     8,375,739     6,275,378
                                ===========   ===========   ===========   ===========

Net loss .....................  ($3,519,722)  ($1,275,813)  ($9,567,450)  ($3,759,800)
                                ===========   ===========   ===========   ===========

Net loss per share (2)
    Primary ..................  ($     0.41)  ($     0.16)  ($     1.14)  ($     0.60)
                                ===========   ===========   ===========   ===========
    Fully Diluted ............  ($     0.41)  ($     0.16)  ($     1.14)  ($     0.60)
                                ===========   ===========   ===========   ===========
</TABLE>




(1)  Pursuant to Securities and Exchange Commission Staff Accounting Bulletin
     No. 83, Common Stock issued and stock options and warrants granted at
     prices below the initial public offering price per share during the
     12-month period immediately preceding the initial filing date of the
     Company's Registration Statement for its initial public offering have been
     included as outstanding for all periods presented which include periods
     prior to such filing date using the treasury stock method.

(2)  Since the impact of including common stock equivalents is anti-dilutive for
     both primary and fully diluted loss per share, the calculation of loss per
     share for both purposes is identical.


                                       17
[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Page 76990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31239]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Form, and OMB Number: Air Force Academy Candidate Activities 
Record; USAF Form 147; OMB Number 0701-0063.
    Type of Request: Reinstatement.
    Number of Respondents: 7,010.
    Responses per Respondent: 1.
    Annual Responses: 7,010.
    Average Burden per Response: 45 minutes.
    Annual Burden Hours: 5,248.
    Needs and Uses: The information collection requirement is necessary 
to obtain data on candidate's background and aptitude in determining 
eligibility and selection to the Air Force Academy. The information 
collected on this form is required by 10 U.S.C. 9346. The respondents 
are students applying for admission to the United States Air Force 
Academy. Each student's background and aptitude is reviewed to 
determine eligibility. If the information on the form is not collected, 
the individual cannot be considered for admittance to the Air Force 
Academy.
    Affected Public: Individuals or Households.
    Frequency: On Occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: November 30, 2000.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-31239 Filed 12-7-00; 8:45 am]
BILLING CODE 5001-10-M
EXHIBIT 32.1
 CERTIFICATION
  1.
    
    The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2010, to which
this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with
the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and
 2.
    
    The information contained in the Periodic Report fairly presents, in all material respects,
the financial condition of the Company at the end of the period covered by the Periodic Report
and results of operations of the Company for the period covered by the Periodic Report.
  /s/ N. Anthony ColesN. Anthony ColesPresident and Chief Executive Officer

(Principal Executive Officer)/s/ Matthew K. FustMatthew K. FustExecutive Vice President and 
Chief Financial Officer
(Principal Financial and Accounting Officer)   48
##### 



Exhibit 31.2
 Rule 13a-14(a)/15d-14(a) Certification
(Principal Financial Officer)
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q for the quarterly period
ended March 31, 2007 of AirNet Systems, 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 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.
    
    [Reserved];c.
    
    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; andd.
    
    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.
    
    The registrants other certifying officer and 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; andb.
    
    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.
 Dated: May 11, 2007
    
    By:
    
    /s/ Gary W. QualmannPrinted Name: Gary W. QualmannTitle: Chief Financial Officer, Treasurer
and Secretary
 27
FIELD APPLICATION

R2

R1

R3

R4

ATTACHMENT NINE PMN SUBSTANCE ONE 

CONFIDENTIAL