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

BRIAN T. KELLEHER , Plaintiff ,

v. MICHAEL REGAN , Defendant. No. 23- cv -01346 (DLF)

ORDER Before the Court is the defendant ’s Motion for Summary Judgment, Dkt. 42. For the reasons stated, the Court will DENY the motion as moot. Brian Kelleher, proceeding pro se, filed his third amended complaint on December 27, 2023, bringing claims against the Environmental Protection Agency for alleged violations related to the agency’s treatment of climate change. Amended Complaint, Dkt. 24. On August 23, 2024, the Court dismissed the plaintiff’s Third Amended Complaint for failure to comply with Rules 8 and 12 of the Federal Rules of Civil Procedure. Order, at 2 , Dkt. 41. The Court instructed the plaintiff to file any amended complaint on or before September 23, 2024, or the

case would be dismissed. Id. , at 4. On September 23, 2024, instead of filing an amended complaint, the plaintiff filed a Motion for Summary Judgment, Dkt. 42. Because the plaintiff currently has no claim before the Court, his motion for summary judgment is moot. See Carty v. CVS Pharma., LLC , 264 F. Supp. 3d 190, 198 n.8 (D.D.C. 2017). Further, the plaintiff has been given three opportunities to file a complaint that complies with the Federal Rules of Civil Procedure. He has failed to do so by the deadline the Court imposed, despite the Court’s clear warning that this was his “final opportunity.” Order, at 4.2 Accordingly, it is

ORDERED that the plaintiff’s Motion for Summary Judgment, Dkt. 42, is DENIED AS

MOOT . This is a final appealable order. The Clerk of Court is directed to close this case and mail a copy of this Order to the plaintiff’s address of record.

SO ORDERED.

________________________ DABNEY L. FRIEDRICH September 2 6, 2024 United States District Judge
EXHIBIT 23

                    AUDITOR'S CONSENT AND REPORT ON SCHEDULES




Board of Directors and
Stockholders
Photo Control Corporation



We hereby consent to the incorporation by reference in this Annual Report on
Form 10-K of Photo Control Corporation for the year ended December 31, 1999, of
our report, dated January 20, 2000, appearing in the Company's 1999 Annual
Report to Shareholders. We also consent to the incorporation by reference of
such report in the registration statements on Form S-8 for the Photo Control
Stock Option Plan.

In the course of our audit of the financial statements referred to in our
report, dated January 20, 2000, included in the Company's 1999 Annual Report to
Shareholders, we also audited the supporting schedule listed in Item 14(a)(2) of
this Annual Report on Form 10-K. In our opinion, the schedule, when considered
in relation to the basic financial statements taken as a whole, presents fairly
in all material respects the information set forth therein.



January 20, 2000                           VIRCHOW KRAUSE, & COMPANY, LLP
Minneapolis, Minnesota
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6994** 

RICKY LEE MILLER , Petitioner

- Appellant ,

v. GENE JOHNSON, Director, Virginia Department of Corrections , Respondent

– Appellee , and
COMMONWEALTH OF VIRGINI A , Respondent.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. M. Hannah Lauck , Magistrate Judge. ( 3:09

- cv - 00665

- MHL )

Submitted : December 16, 2010 Decided: December 28, 2010

Before GREGORY, DUNCAN, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion

. Ricky Lee Miller, Appellant Pro Se. Alice Theresa Armstrong, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Ricky Lee Miller seeks to appeal the magistrate judge’s *

* This case was decided by a magistrate judge with the parties ’ consent pursuant to 28 U.S.C. § 636(c) (2006). order denying as successive his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006) . 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) (2006)
. When the district court denies relief on the merit s, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Miller has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts3 and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process. DISMISSE D
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **3 -**  **7723**

JOHN WAYNE SIMMONS , Petitioner

- Appellant ,
v. ENNIS OATES , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of North Carolina , at R aleigh
. Louise W. Flanagan , District Judge. ( 5 :1 2

- hc

- 0 2180

- FL )

Submitted : April 17, 2014 Decided: April 21, 2014

Before WILKINSON, KING, and DUNCAN , Circuit Judges.

Dismiss ed by un published per curiam opinion
.
John Wayne Simmons , Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: John Wayne Simmons seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2012) . 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) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district cou rt’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demons trate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Simmons has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately3 presented in the materials before th is court and argument would not aid the decisional process.
DISMISSED
114TH CONGRESS 

1ST SESSION H. R. 30 

AN ACT 

To amend the Internal Revenue Code of 1986 to repeal 

the 30-hour threshold for classification as a full-time 

employee for purposes of the employer mandate in the 

Patient Protection and Affordable Care Act and replace 

it with 40 hours. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 30 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Save American Work3 ers Act of 2015’’. 

4 SEC. 2. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICA5 TION AS FULL-TIME EMPLOYEE FOR PUR6 POSES OF THE EMPLOYER MANDATE IN THE 

7 PATIENT PROTECTION AND AFFORDABLE 

8 CARE ACT AND REPLACEMENT WITH 40 

9 HOURS. 

10 (a) FULL-TIME EQUIVALENTS.—Paragraph (2) of 

11 section 4980H(c) of the Internal Revenue Code of 1986 

12 is amended— 

13 (1) by repealing subparagraph (E), and 

14 (2) by inserting after subparagraph (D) the fol15 lowing new subparagraph: 

16 ‘‘(E) FULL-TIME EQUIVALENTS TREATED

17 AS FULL-TIME EMPLOYEES.—Solely for pur18 poses of determining whether an employer is an 

19 applicable large employer under this paragraph, 

20 an employer shall, in addition to the number of 

21 full-time employees for any month otherwise de22 termined, include for such month a number of 

23 full-time employees determined by dividing the 

24 aggregate number of hours of service of employ25 ees who are not full-time employees for the 

26 month by 174.’’. 
3 

•HR 30 EH

1 (b) FULL-TIME EMPLOYEES.—Paragraph (4) of sec2 tion 4980H(c) of the Internal Revenue Code of 1986 is 

3 amended— 

4 (1) by repealing subparagraph (A), and 

5 (2) by inserting before subparagraph (B) the 

6 following new subparagraph: 

7 ‘‘(A) IN GENERAL.—The term ‘full-time 

8 employee’ means, with respect to any month, an 

9 employee who is employed on average at least 

10 40 hours of service per week.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to months beginning after Decem13 ber 31, 2013. 

14 SEC. 3. BUDGETARY EFFECTS. 

15 The budgetary effects of this Act shall not be entered 

16 on either PAYGO scorecard maintained pursuant to sec17 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Passed the House of Representatives January 8, 

2015. 

Attest: 

Clerk. 
114TH CONGRESS 

1ST SESSION H. R. 30 

AN ACT 

To amend the Internal Revenue Code of 1986 to 

able Care Act and replace it with 40 hours. mandate in the Patient Protection and Afforda full-time employee for purposes of the employer repeal the 30-hour threshold for classification as
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3133

  Relating to certain Indian land-related takings claims of the Grand 
   Traverse Band of Ottawa and Chippewa Indians of Michigan and its 
                          individual members.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2015

 Mr. Benishek introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  Relating to certain Indian land-related takings claims of the Grand 
   Traverse Band of Ottawa and Chippewa Indians of Michigan and its 
                          individual members.

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

SECTION 1. CONGRESSIONAL REFERENCE AND REPORT.

    Pursuant to the findings and conclusions contained in the Report 
issued by the chief judge of the U.S. Court of Federal Claims, the 
Secretary of the Treasury shall pay, out of money not otherwise 
appropriated, to the Grand Traverse Band of Ottawa and Chippewa Indians 
of Michigan for the benefit of itself and its members, the sum of 
$____.
                                 <all>
```
<PAGE>

                                                                    Exhibit 3(a)

                     THE PEOPLES GAS LIGHT AND COKE COMPANY

                        ACTION OF THE BOARD OF DIRECTORS
                      BY WRITTEN CONSENT IN LIEU OF MEETING

          The Board of Directors of the Company has taken the following action
by unanimous Written Consent:

                    RESOLVED, That effective as of the close of business on
          August 7, 1996, the By-Laws of the Company be, and they hereby are,
          amended by replacing Section 7.1 of Article VII of the By-Laws in its
          entirety with the following:

                    SECTION 7.1.  CONTRACTS AND OTHER INSTRUMENTS.  All
          contracts or obligations of the Company shall be in writing and shall
          be signed either by the Chairman of the Board, the President, any
          Executive Vice President, any Vice President, the Treasurer, or any
          other officer of the Company, agent, employee or attorney-in-fact as
          may be designated by the Board, the Chairman of the Board or the
          President pursuant to specific authorizations and, the seal of the
          Company may be attached thereto, duly attested by the Secretary or an
          Assistant Secretary, except contracts entered into in the ordinary
          course of business where the amount involved is less than Five Hundred
          Thousand Dollars ($500,000), and except contracts for the employment
          of servants or agents, which contracts so excepted may be entered into
          by the Chairman of the Board, the President, any Executive Vice
          President, any Vice President, the Treasurer, or by such officers,
          agents, employees or attorneys-in-fact as the Chairman of the Board or
          the President may designate and authorize.  Unless the Board shall
          otherwise determine and direct, all checks or drafts and all
          promissory notes shall be signed by two officers of the Company.  When
          prescribed by the Board, bonds, promissory notes, and other
          obligations of the Company may bear the facsimile signature of the
          officer who is authorized to sign such instruments and, likewise, may
          bear the facsimile signature of the Secretary or an Assistant
          Secretary.

                    RESOLVED FURTHER, That the Secretary of the Company be, and
          he hereby is, directed to initial a copy

<PAGE>

          of the amended By-Laws presented at this meeting and place it with the
          important papers of this meeting.

          IN WITNESS WHEREOF, the Board of Directors of THE PEOPLES GAS LIGHT
AND COKE COMPANY has executed this Written Consent as of August 6, 1996.


   /s/ Richard E. Terry                        /s/ James Hinchliff
------------------------------               ------------------------------



   /s/ J. Bruce Hasch                          /s/ Kenneth S. Balaskovits
------------------------------               ------------------------------



   /s/ Michael S. Reeves
------------------------------
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00129-CR

 02-13-00130-CR

CARLTERRIAL QUENTEZ BROWN APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY

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

MEMORANDUM OPINION1 AND JUDGMENT

----------

We have considered “Appellant’s Motion To Dismiss Appeal.” The motion 

complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P.

42.2(a). No decision of this court having been delivered before we received this 

motion, we grant the motion and dismiss the appeal. See Tex. R. App. P.

42.2(a), 43.2(f).

 

1See Tex. R. App. P. 47.4.
2

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. 

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: October 17, 2013
# Official Journal C 360E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.360.eng |
| --- | --- |
| Official Journal
  of the European Union | C 360E |
| | |
| English edition | Information and Notices | Volume 5610 December 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.360.eng

Official Journal

of the European Union

C 360E

English edition

Information and Notices

Volume 5610 December 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory acts |
| | COUNCIL |
| 2013/C 360E/1 | Position (EU) No 11/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures Adopted by the Council on 15 November 2013 | 1 |
| 2013/C 360E/2 | Position (EU) No 12/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures Adopted by the Council on 15 November 2013 | 49 |
| 2013/C 360E/3 | Position (EU) No 13/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport Adopted by the Council on 15 November 2013 (
  1
  ) | 66 |

Notice No

Contents

page

III   Preparatory acts

COUNCIL

2013/C 360E/1

Position (EU) No 11/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures Adopted by the Council on 15 November 2013

1

2013/C 360E/2

Position (EU) No 12/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures Adopted by the Council on 15 November 2013

49

2013/C 360E/3

Position (EU) No 13/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport Adopted by the Council on 15 November 2013 (
  1
  )

1

66

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
# Official Journal C 40/23 F

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 40 |
| | |
| English edition | Information and Notices | Volume 5023 February 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 40

English edition

Information and Notices

Volume 5023 February 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 040/01 | Commission communication pursuant to Article 5(2) of Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws, concerning the competent authorities and single liaison offices
   (1) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 040/01

Commission communication pursuant to Article 5(2) of Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws, concerning the competent authorities and single liaison offices
   (1)

1

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

| EN | |
| --- | --- |

EN
#### TURMAN v. STATE.

No. 15366.

Court of Criminal Appeals of Texas.

Jan. 4, 1933.

Rehearing Withdrawn March 8, 1933.

T. B. Ridgell, of Breekenridge, and John Erhard, of Dallas, for appellant.

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

LATTIMORE, Judge.

Conviction for theft; punishment, two years in the penitentiary.

Our attention is called by the state’s attorney with this court to the fact that no notice of appeal appears to' have been given, or entered of record as required by the terms of article 827, C. C. P. We have carefully examined the transcript and find no notice of appeal.

Under all the authorities this court is without jurisdiction in such case, and the appeal will be dismissed.

MORROW, Presiding Judge.

Since the affirmance of the case and the filing of the motion for rehearing, the appellant has filed his written request, duly verified, asking that said motion be withdrawn.

- The request is granted, the motion for rehearing is withdrawn, and mandate will issue immediately.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b) OF THE SECURITIES

EXCHANGE ACT OF 1934,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Yankee Holding Corp. (the
Company) on Form 10-Q for the fiscal quarter ended June 28, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bruce L. Hartman, Chief Financial Officer of the Company, certify
pursuant to Rule 13a-14(b) or 15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Bruce L. Hartman   
|Bruce L. Hartman       
|Chief Financial Officer
|                       
|August 7, 2008         



- 45 -