alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6361

THOMAS L. LEWIS, Plaintiff - Appellant, versus PRISON HEALTH SERVICES, INCORPORATED; CARL STOCK; WEXFORD HEALTH SOURCES, INCORPORATED; ESSA ABDULLA; STEVE PERRY; EDGAR BOWDISH; BETTY CRAZE; STEPHEN BLACKE; TERESA WAID; GEORGE TRENT; NICHOLAS J. HUN; WILLIAM K. DAVIS; OTHERS UNKNOWN, Defendants - Appellees.Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-97-1136-2) Submitted: June 20, 2000 Decided: October 19, 2000Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Thomas L. Lewis, Appellant Pro Se. Karen M.R. Weber, William J. Powell, JACKSON & KELLY, Charleston, West Virginia; Jeffrey Kent Phillips, Jace Harrison Goins, STEPTOE & JOHNSON, Charleston, West Virginia; Darrell V. McGraw, Jr., Leslie K. Tyree, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellees.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Thomas L. Lewis appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Lewis v. Prison Health Servs. , No. CA-97-1136-2 (S.D.W. Va. Aug. 2,1999). We deny the motions for appointment of counsel and to dismiss the appeal as untimely and dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. We deny as moot the motion of Appellees Wexford Health Sources, Inc., and Essa Abdulla to extend the time in which to file an informal brief.

AFFIRMED
**EXHIBIT 23****Consent of Independent Registered Public Accounting Firm**We have issued our reports dated September 11, 2007, accompanying the consolidated financialstatements and management’s assessment of the effectiveness of internal control over financialreporting included in the Annual Report of Peerless Mfg. Co. and subsidiaries on Form 10-K for theyear ended June 30, 2007. We hereby consent to the incorporation by reference of said reports inthe Registration Statements of Peerless Mfg. Co. and subsidiaries on Forms S-8 (File No. 333-17229,effective November 12, 1999, and File No. 333-76754, effective January 15, 2002).   /s/ Grant Thornton LLP Dallas, TexasSeptember 11, 2007
KCS Energy, Inc.





EXHIBIT 10.1 




Effective Date: August 1, 2004 



Re: Amendment No. 1 to Employment Agreement 




Dear Mr. Christmas: 




When countersigned by you, this letter will serve as an amendment (referred to here as “Amendment No. 1”) to your existing employment agreement with KCS Energy, Inc. (the “Company”) dated December 1, 2001 (the “Original Agreement”). 




          1. “Change in Control” Provision. Section 11.1 of the Original Agreement is amended by deleting the words “after the date of this Agreement and on or before August 31, 2004 (but not thereafter)” and substituting therefor the words “after the date of this Agreement and on or before August 31, 2006 (but not thereafter)”. 




          2. Original Agreement Ratified. In all other respects, the Original Agreement remains in effect, and is ratified by you and by the Company. 



* * * 




Please sign below and return a signed copy to the Company to confirm your agreement with this Amendment No. 1. 




Very truly yours, 




KCS Energy, Inc. 




/s/ Bill Hahne 
President and Chief Operating Officer 




Accepted and agreed to: 




/s/ James Christmas
* 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.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40396 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JUAN ALBERTO SOTELO, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas

No. 5:06-CV-130 No. 5:05-CR-584-1
Before SMITH, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Juan Sotelo has moved for leave to withdrawand has filed a brief in accordance with Andersv. California, 386 U.S. 738 (1967). Sotelo has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the APPEAL IS DISMISSED. See 5 TH C IR
. R. 42.2. United States Court of Appeals

Fifth Circuit 

### F I L E D September 12, 2008 Charles R. Fulbruge III Clerk
**EXHIBIT 31.1**
**CHIEF EXECUTIVE OFFICER’S CERTIFICATION REQUIRED UNDER SECTION 302 OFSARBANES-OXLEY ACT OF 2002**
I, Edward V. Lett, President and Chief Executive Officer, certify that:
1. I have reviewed this quarterly report on Form 10-Q of TIB Financial Corp.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused, such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.     Date: August 12, 2004     /s/ Edward V. Lett   Edward V. Lett,   President and Chief Executive Officer
# C_2023231EN.01001001.xml

| 30.6.2023 | EN | Official Journal of the European Union | C 231/10 |
| --- | --- | --- | --- |

30.6.2023

EN

Official Journal of the European Union

C 231/10

---

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union

Cases where the Commission raises no objections

SA.106007

(Text with EEA relevance)

(2023/C 231/09)

| Date of adoption of the decision | 2023.4.3 |
| --- | --- |
| Aid number | SA.106007 |
| Member State | Italy |
| Region | Italy |
| Title (title and/or name of the beneficiary) | Regime di aiuti agli investimenti per la produzione di idrogeno rinnovabile in aree industriali dismesse — PNRR M2C2 Investimento 3.1 |
| Legal basis | Regime di aiuti agli investimenti per la produzione di idrogeno rinnovabile in aree industriali dismesse — PNRR M2C2 Investimento 3.1 |
| Type of measure | Scheme |
| Objective | Remedy for a serious disturbance in the economy |
| Form of aid | Direct grant |
| Budget | Overall budget: 450 000 000 EUR
  Annual budget: 450 000 000 EUR |
| Intensity | |
| Duration | 31.3.2023 — 31.12.2023 |
| Economic sectors | All economic sectors eligible to receive aid |
| Name and address of the granting authority | Ministero dell'Ambiente e della Sicurezza Energetica — Direzione Generale incentivi energia |
| Via Cristoforo Colombo, 44 — 00147 Roma |

Date of adoption of the decision

2023.4.3

Aid number

SA.106007

Member State

Italy

Region

Italy

Title (title and/or name of the beneficiary)

Regime di aiuti agli investimenti per la produzione di idrogeno rinnovabile in aree industriali dismesse — PNRR M2C2 Investimento 3.1

Legal basis

Regime di aiuti agli investimenti per la produzione di idrogeno rinnovabile in aree industriali dismesse — PNRR M2C2 Investimento 3.1

Type of measure

Scheme

Objective

Remedy for a serious disturbance in the economy

Form of aid

Direct grant

Budget

Overall budget: 450 000 000 EUR

Annual budget: 450 000 000 EUR

Intensity

Duration

31.3.2023 — 31.12.2023

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

Ministero dell'Ambiente e della Sicurezza Energetica — Direzione Generale incentivi energia

Via Cristoforo Colombo, 44 — 00147 Roma

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

https://ec.europa.eu/competition/elojade/isef/index.cfm

---
Exhibit (23)

CONSENT OFINDEPENDENT ACCOUNTANTS

We hereby consent tothe incorporation by reference in the Registration Statements on Form S-3 and S-8 (Nos.33-9563, 33-9986, 33-18262, 33-20997, 33-27209, 33-31687, 33-48707, 33-57886, 33-60487,333-09367, 333-47961, 333-48153, 333-76715, 333-76717, 333-76765, 333-40818 and333-40824) of Owens Corning of our report dated February 6, 2003 relating to thefinancial statements, which appears in this Form 10-K/A. We also consent to theincorporation by reference of our report dated February 6, 2003 relating to the financialstatement schedule, which appears in Owens Corning's Annual Report on Form 10-K for the year ended December 31, 2002, filed on March 28, 2003.  

/s/ PricewaterhouseCoopers LLP

Toledo, Ohio
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6524** 

DARRELL THOMPSON , Plaintiff

- Appellant ,

v. FRANK L. PERRY; MR. SUMMERS, Superintendent; MR. STANBACK, Asst. Superintendent , Defendants

- Appellees

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Thomas D. Schroeder , District Judge. ( 1:15

- cv - 00125

- TDS

- LPA )

Submitted : June 25, 2015 Decided: June 30, 2015

Before GREGORY, FLOYD , and THACKER, Circuit Judges.

Affirmed by un published per curiam opinion

.
Darrell Thompson , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Darrell Thompson appeals the district court ’ s order denyin g
relief without prejudice on his 42 U.S.C. § 1983 (20 12 ) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) ( 2012 ). The magistrate judge
recommended that relief be denied and advised Thompson that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the
recommendation. The timely filing of specific objections to a magistrate judge ’ s recommendation is necessary to preserve appella te review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474
U.S. 140 (1985). Thompson has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before this

cou rt and argument would not aid the decisional process.

AFFIRMED
May 25, 1993

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 92-2409 

JAMES M. MOONEY,

Plaintiff, Appellant,

v.

UNITED STATES DEPARTMENT OF DEFENSE, ETC.,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Martin F. Loughlin, Senior U.S. District Judge]

____________________

Before

 Torruella, Cyr and Stahl,

Circuit Judges.

____________________

James M. Mooney on brief pro se.

Peter E. Papps, Acting United States Attorney, and Gretchen Leah Witt, Assistant United States Attorney, on Motion for Summary Disposition, for appellee.

____________________

____________________

          Per Curiam.  We have reviewed the record and the parties' submissions and are persuaded that the district court properly dismissed the instant civil action for lack of subject matter jurisdiction.  Moreover, where appellant's complaint was not timely filed, transfer to the Federal Circuit was not in the interests of justice under 28 U.S.C. § 1631.  Accordingly, the judgment of the district court is affirmed.  Appellant's multiple objections to our orders denying his motions for oral argument and appellant's motion for authentication are denied.
# C_2022471EN.01002601.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 471/26 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 471/26

---

Corrigendum to Notice of Initiation concerning a review of the safeguard measure applicable to imports of certain steel products

(
  Official Journal of the European Union C 459 of 2 December 2022
  )

(2022/C 471/12)

On page 6, in footnote 2:

for:

‘Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225, 25.6.2021, p. 1).’,

read:

‘Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225 I, 25.6.2021, p. 1).’

---
<PAGE>

EXHIBIT 99 - REVIEW REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
TIB FINANCIAL CORP.



TO THE BOARD OF DIRECTORS AND SHAREHOLDERS
OF TIB FINANCIAL CORP. AND SUBSIDIARIES


                  We have reviewed the consolidated balance sheets of TIB
Financial Corp. and subsidiaries as of September 30, 2001 and the related
consolidated statements of income for the three-month and nine-month periods
ended September 30, 2001 and 2000, and changes in the shareholders' equity and
cash flows for the nine-month periods ended September 30, 2001 and 2000 included
in the accompanying Securities and Exchange Commission Form 10-Q for the period
ended September 30, 2001. These financial statements are the responsibility of
the Company's management.

                  We conducted our reviews in accordance with standards
established by the American Institute of Certified Public Accountants. A review
of interim financial information consists principally of applying analytical
procedures to financial data, and making inquiries of persons responsible for
financial and accounting matters. It is substantially less in scope than an
audit conducted in accordance with auditing standards generally accepted in the
United States of America, the objective of which is the expression of an opinion
regarding the financial statements taken as a whole. Accordingly, we do not
express such an opinion.

                  Based on our reviews, we are not aware of any material
modifications that should be made to the consolidated financial statements
referred to above for them to be in conformity with accounting principles
generally accepted in the United States of America.

                  We have previously audited, in accordance with auditing
standards generally accepted in the United States of America, the consolidated
balance sheet as of December 31, 2000, and the related consolidated statements
of income, changes in shareholders' equity, and cash flows for the year then
ended (not presented herein); and in our report dated February 16, 2001, we
expressed an unqualified opinion on those consolidated financial statements. In
our opinion, the information set forth in the accompanying consolidated balance
sheet as of December 31, 2000 is fairly stated in all material respects in
relation to the consolidated balance sheet from which it has been derived.



/s/ BDO Seidman, LLP
-------------------------------------
Atlanta, Georgia
November 13, 2001



                                       19
# OAR Box 1834

Prepped byKeeiaRichards



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a s propose d woul d b e difficul t t o implemen t an dunlikel y t o produc e usefu l result s i nmanysituations . H e wa s especiall y concerne d tha t testin g o f oxygenate dfuel s woul dlea dt o simila r result s a s fo r bas e fuel s alone . H e agree dtha t healt heffect s tes t dat a i s no t availabl e fo r al l th e endpoint s propose dbyEP A fo r eithe r unleade d gasolin e o r th e variou s gasoline/oxygenat e blends , bu t suggeste d tha t testin g o f eac hgasoline/oxygenat e wa s no t necessar yi f th e wors t cas e oxygenat e coul db e identifie d base d o nnea t oxygenat e healt heffect s information . W e encourage d hi mt o develo p othe r specifi c suggestion s an d submi t the m

i nhi s comment s t o th e recen t Federa l Registe r notice .
#### RODRIGUEZ v. STATE.

No. 20537.

Court of Criminal Appeals of Texas.

Nov. 1, 1939.

J. W. Wilson, of Falfurrias, for appellant.

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

CHRISTIAN, Judge.

The offense is unlawfully practicing medicine; the punishment, a fine of $50 and confinement in jail for 10 days.

Notice of appeal appears not to have been carried into the minutes of the court. Article 827, C.C.P., provides: “An appeal is taken by giving notice thereof in open court at the term of court at which conviction is had, and having the same entered of record. If notice of appeal is given at the term at which the conviction is had and the same is not entered of record, then by making proof of the fact, the judge of the court trying the cause shall order the same entered of record either in term time or vacation by entering in the minutes of his court an order to that effect. Said entry when so made shall bear date as of date when notice of appeal was actually given in open court.”

There appears in the record a docket entry of notice of appeal which was not carried into the minutes of the court. In Casey v. State, 116 Tex.Cr.R. 111, 32 S.W.2d 461, this court said: “The record contains no such notice of appeal as will clothe this court with jurisdiction under article 827, C.C.P., which requires the notice ‘to be entered of record.’ The transcript shows a ‘docket entry’ of a notice of appeal, but, if this was ever carried into the court minutes, it is not so shown.”

In support of the holding Haynie v. State, 92 Tex.Cr.R. 45, 241 S.W. 478, is cited. Under the circumstances, we must hold that we are without jurisdiction.

It is observed that the recognizance entered into by the appellant appears to have been filed, but not carried into the minutes of the court. It was essential that such an entry be made in the minutes in order to confer jurisdiction upon this court.

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.
<PAGE>

                                                                      EXHIBIT 21

                        SUBSIDIARIES OF THE REGISTRANT
                        ------------------------------


     Set forth below is a list of certain subsidiaries of the Company at April
1, 2001. All of the voting securities of each named subsidiary are owned by the
Company or by another subsidiary of the Company.

Subsidiaries
------------

     Eckerd Corporation (Delaware)
     J. C. Penney Direct Marketing Services, Inc.(Delaware)
     J. C. Penney Funding Corporation (Delaware)
     J. C. Penney Life Insurance Company (Vermont)
     J. C. Penney Properties, Inc. (Delaware)
     JCP Realty, Inc. (Delaware)
     Thrift Drug, Inc. (Delaware)

     Separate financial statements are filed for J. C. Penney Funding
Corporation, which is a consolidated subsidiary, in a separate Annual Report on
Form 10-K.

     The names of other subsidiaries have been omitted because these unnamed
subsidiaries, considered in the aggregate as a single subsidiary, do not
constitute a significant subsidiary.