alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2956

___________________________

Charles K. Johnston, Jr.

lllllllllllllllllllll Plaintiff - Appellant

v.

Lisa M. Wilkins, Hearing Judge, Arkansas Parole Board; Supervisor Mark

Bernthal, Probation and Parole Office, Rogers, Arkansas; Sheriff Vic Regalado,

TulsaCounty,Oklahoma;KinseyRivers,Probation andParoleAgent,Rogers,Arkansas

lllllllllllllllllllll Defendants - Appellees

____________

Appeal from United States District Court 

for the Western District of Arkansas - Fayetteville

____________

 Submitted: December 29, 2017

Filed: January 8, 2018

[Unpublished]

____________

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

Charles Johnston, Jr. appeals the district court’s preservice dismissal of his

action under 42 U.S.C. § 1983 for failure to state a claim and lack of personal

jurisdiction. We review de novo the dismissalsfor failure to state a claim, see Moore
v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), and we conclude that

dismissal was proper for the reasons stated in the district court’s order.

We also agree that the district court lacked personal jurisdiction over defendant

Sheriff Vic Regalado of Tulsa County, Oklahoma. The complaint did not allege that

Regalado had any contacts with Arkansas that would subject him to the jurisdiction

of the district court in the Western District of Arkansas. See World-Wide Volkswagen

Corp. v. Woodson, 444 U.S. 286, 297 (1980); Epps v. Stewart Information Servs.

Corp., 327 F.3d 642, 647-48 (8th Cir. 2003); Sanders v. United States, 760 F.2d 869,

871 (8th Cir. 1985) (per curiam).

We conclude, however, that the district court should have considered whether

the interest ofjustice required it to transfer the claimagainst Regalado to the Northern

District of Oklahoma (where the conduct occurred) rather than dismiss it. See 28

U.S.C. § 1631. Because there is no indication that the district court considered

whether transfer would be in the interest of justice, we remand this claim so the

district court may do so. See Weeks Const., Inc. v. Oglala Sioux Hous. Auth., 797

F.2d 668, 676 (8th Cir. 1986). 

Accordingly, we affirm the dismissals for failure to state a claim, but remand

the claim against defendant Regalado for the district court to consider whether the

interest of justice requires it to transfer the claim to the Northern District of

Oklahoma. Johnston’s motions for appointment of counsel are denied.

______________________________

-2-
2013 FEDERAL BENEFITS
 

OPEN SEASON
 

Monday Nov. 11 through Monday Dec. 9
 

FEHB Health 

• Enroll 

• Change plan/option 

• Self/Self & Family 

• Cancel enrollment FSAFEDS 

Flexible Spending Accounts 

• Enroll 

• Reenroll (it’s not automatic!) 

• Increase/decrease 

 your election 

FEDVIP Dental & Vision 

• Enroll 

• Change plan/option 

• Self/Self+One/Self & Family 

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Investigate: 

• My family’s health, dental, and vision needs for 2014 

• Whether my current plan will be available in 2014 

-If I do nothing, FEHB and FEDVIP enrollments rollover automatically 

• How my current plan’s benefits and premiums change in 2014 

• Whether the online comparison tools show a better plan for me 

• How much money I could save with a flexible spending account 

MORE INFO: www.opm.gov/openseason 

ENROLL/CHANGE/CANCEL:

FEHB HEALTH: Use your agency’s online enrollment system or contact your HR office 

FEDVIP DENTAL AND/OR VISION: www.BENEFEDS.com or 1-877-888-3337 

FSAFEDS FLEXIBLE SPENDING ACCOUNT: www.FSAFEDS.com or 1-877-372-3337
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, William A. Garrett, certify that:

 

1.               I have reviewed this quarterly report on Form 10-Q of Global Aviation 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 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 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 (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; 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: May 16,   2011 | By:    | /s/ William   A. Garrett |
|--------------------------------|--------|-------------------------------|
|                           |   | William   A. Garrett          |
|                           |   | Chief   Financial Officer     |

 

----
EXHIBIT
32.1





CERTIFICATION
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 Interim Report of Go Solar USA, Inc. (the "Company") on Form
10-Q for the quarter ended September 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, J. David Brotherton,
President, Principal Executive Officer and Principal Financial Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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; and





2.           The
information contained in the Report fairly presents, in all material aspects,
the financial condition and results of operations of the Company.





Date:  May
13, 2010





/s/ J. David BrothertonJ.
      David BrothertonPresident(Principal
      Executive Officer andPrincipal
      Financial Officer)
United States 

Office of 

Personnel Management 

The Federal Government’s Human Resources Agency

Benefits Administration Letter

Number: 14-202 Date: March 20, 2014

Subject: Federal Employees’ Group Life Insurance Program: New Address for the 

Office of Federal Employees’ Group Life Insurance (OFEGLI)

The Office of Federal Employees’ Group Life Insurance (OFEGLI), the unit of MetLife that pays 

FEGLI claims, is transitioning its mail processing function to Scranton, PA from its current Utica, 

NY office. This change is effective April 1, 2014.

OFEGLI is changing their mailing address in order to leverage electronic technologies and process 

claims more efficiently. The claims processing function remains in their Utica, NY office. 

What’s Changing: 

New OFEGLI mail processing address (effective April 1, 2014):

For FEGLI claims and regular mail: 

OFEGLI 

P.O. BOX 6080 

SCRANTON, PA 18505-6080 

For overnight deliveries only (such as express mail): 

OFEGLI 

123 WYOMING AVE., 3RD FLOOR 

SCRANTON, PA 18503 

We have updated the address on the FEGLI claims forms: 

FE-6 “Claim for Death Benefits”

FE-6 DEP “Statement of Claim-Option C”

FE-7 “Claim for Accidental Dismemberment Benefits”

The new forms are posted on the website and available for immediate use. OFEGLI will accept 

claims forms and other correspondence mailed to their Utica, NY claims processing office, but the 

Scranton, PA office is the appropriate destination for all incoming FEGLI claims and 
2

correspondence. Mail forwarding via the U.S. Postal Service also is being utilized, but is scheduled 

to expire in Summer 2014. 

New OFEGLI fax number: 

1-570-558-8659 

What’s Not Changing: 

OFEGLI’s Toll-Free Phone Number: 

1-800-633-4542 

OFEGLI’s Overseas Beneficiaries Phone Number: 

1-212-578-2975 

Address to use for Requests for FEGLI Conversion (only): 

OFEGLI 

P.O. BOX 8149 

LONG ISLAND CITY, NY 11101-8149 

For overnight deliveries only (such as express mail): 

OFEGLI 

FEGLI CONVERSION TEAM, 5TH FLOOR 

27-01 QUEENS PLAZA NORTH 

QUEENS, NY 11101 

Updated Information on the Web 

This information will be posted on the FEGLI website at www.opm.gov/healthcare-insurance/lifeinsurance. We have updated the claim forms, and we are updating the FEGLI Handbook and other 

FEGLI publications to reflect the new contact information. 

If you have any other questions or comments regarding this BAL, you may contact us at 

fegli@opm.gov. 

Thank you for your help and cooperation. 

 Sincerely, 

 

John O’Brien

Director 

Healthcare and Insurance
EXHIBIT 32.2   CERTIFICATION 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 AmREIT, Inc. (the Company) on Form 10-Q for the period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chad C. Braun, Executive Vice President and Chief Financial Officer, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, in my capacity as an officer of the Company, that, to my knowledge: 1.
     The Report fully complies with the requirements of section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and2.
     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
   Date:   November 15, 2010
     /s/ Chad C. BraunChad C. BraunExecutive Vice President and Chief
Financial Officer
              43


---
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION F06c [D08]

CONCERNING

AMBIENT AIR QUALITY STANDARDS

(9VAC5 CHAPTER 30)

Adoption Date: December 15, 2008

Effective Date: March 18, 2009

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). Highlighted provisions are 

included for information purposes only for this specific revision, and will be submitted as 

a revision to the Commonwealth's SIP in a separate submittal (Revision D08). A copy 

of the actual regulation submitted for approval and incorporation by reference into the 

Virginia SIP is included in Enclosure 2.

CHAPTER 20 GENERAL PROVISIONS

PART I Administrative

9VAC5-20-21 Documents incorporated by reference (modified)

CHAPTER 30 AMBIENT AIR QUALITY STANDARDS

9VAC5-30-55 Ozone (8-hour, 0.08 ppm) (modified)

9VAC5-30-56 Ozone (8-hour, 0.075 ppm) (added)

9VAC5-30-65 Particulate matter (PM2.5) (modified)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2010\F06c-SIP-1.DOC
----

----

|   | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|----|----------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

|                   |   |   |   |                    |
|------------------------|--------|--------|--------|-------------------------|
| Date: January 11, 2011 |   |   |   | /s/ Steven A. Sanders   |
|                   |   |   |   | Steven A. Sanders       |
|                   |   |   |   | Chief Executive Officer |

----

----
Exhibit 32    CERTIFICATION 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 R New Ventures, Inc., a Nevada corporation (the Company), on Form 10-Q for the quarterly period ending March 31, 2008 as filed with the Securities and Exchange Commission (the Report), I, Joseph Nemelka, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.    /s/ Joseph Nemelka Date: May 14, 2008 Joseph Nemelka President and Treasurer (Principal Executive Officer and Principal Financial Officer)
#### CITY OF COMANCHE v. BRIGHTMAN et al.

No. 1263-1589.

Court of Civil Appeals of Texas. Eastland.

March 27, 1936.

See, also, 88 S.W.(2d) 741.

Y. W. Holmes, of Comanche, for appellant.

Oscar Calloway and Fred O. Jaye, both of Comanche, for appellee.

PER CURIAM.

This day came on to be heard appellant’s motion to have mandate issued .without payment of costs by city, and the same having been duly considered, it appearing to the court that the former order adjudicating costs of appeal in this case against the city of Comanche is void, is hereby granted and the clerk is directed to issue the mandate as prayed for. Republic Insurance Company v. Highland Park Independent School District (Tex.Civ.App.) 57 S.W.(2d) 627 (Error Refused); Grant et al. v. Ellis (Tex.Com.App.) 50 S.W.(2d) 1093; and Duelos v. Harris County (Tex.Com.App.) 298 S.W. 417.
Exhibit 32.1



CERTIFICATION 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 American Jianye Greentech Holdings, Ltd.  (the "Company") on Form 10-Q for the period ending June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Haipeng Wang, President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



(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 result of operations of the Company.



|                       |                                                                     |                 
|---------------------- | ------------------------------------------------------------------- | ----------------
|Date:  August 16, 2010 |                                                                     | /s/ Haipeng Wang
|                       | Name:  Haipeng Wang
Title:  President
(Principal Executive Officer)



This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Order filed November 17, 2020 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00756-CV

____________

NASSER CHEHAB, Appellant

V.

WILLIAM PAT HUTTENBACH HIRSCH AND WESTHEIMER, P.C., 

Appellees

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2020-46707

ORDER

This is an attempted appeal from an order on appellant’s motion to show 

authority signed by the trial court on October 7, 2020, and an order on appellees’

motion to dismiss pursuant to Rule 91a or, alternatively, motion for summary 

judgment, signed by the trial court on October 15, 2020. See Tex. R. Civ. P. 91a. 

Pursuant to chapter 11 of the Texas Civil Practice and Remedies Code, Nasser 
2

Chehab has been declared a vexatious litigant and is therefore subject to the prefiling order under section 11.101. Tex. Civ. Prac. & Rem. Code §§ 11.101, 11.103.

Under section 11.103(a), the clerk of this court may not file an appeal 

presented by a vexatious litigant subject to a pre-filing order under section 11.101 

unless the litigant obtains an order from the local administrative judge permitting 

the filing, or the appeal is from a pre-filing order entered under section 11.101 

designating a person a vexatious litigant. Tex. Civ. Prac. & Rem. Code § 11.103(a) 

& (d). This is not an appeal from a pre-filing order entered under section 11.101. 

This court will consider dismissal of this appeal unless appellant, within 10 

days of the date of this order, files a copy of the order from the local administrative 

judge permitting the filing of this appeal. See Tex. Civ. Prac. & Rem. Code 

§ 11.103(a).

PER CURIAM

Panel Consists of Chief Justice Frost and Justices Jewell and Poissant.
### IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE October 12, 1999 Se ssion MARIE HAWKS v. MIC HAEL C. GREEN E, COMMISSIONER OF THE TENNESSE E DEPARTMEN T OF SAFETY Appeal from the Chancery Court for Davidson County No. 98-1320-III Ellen Hobbs Lyle, Chancellor

No. M1999-02785-COA-R3-CV - Filed De cember 18, 2001

W IL LI AM C. K OCH , J R ., concu rring i n the res ult. I concur with the court’s conclusion that the forfeiture of Ms. Hawks’s van was excessiv e in light of two cons ideratio ns. First, the offense trigger ing the forfeiture of Ms. Hawks’s van occurred after th e twelve -month sus pension of her driv ing privileges when she was entit

led to reinstatement

of her lic ense

by comply

ing with the conditions in Tenn. Code Ann. § 55-12-114(c) (Supp. 2001). Second, while forfeiture of a vehicle is author ized when a driver’s license was revoked as a result of a

DUI conviction, it is not authorized when a driver’ s license has been revoked for graver offenses such a s vehicular assault or vehicular homicide or even a second vi olation o f driving on a revoked license.

_____________________________ WILL IAM C. KOCH, JR., JUDGE
Exhibit 32.1

CERTIFICATION 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 Geovic Mining Corp. (the Company) on Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, John E. Sherborne, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

|                   |  |  |  |     |  |                       |  |                                          
|------------------ |  |  |  | --- |  | --------------------- |  | -----------------------------------------
|                   |  |  | 
|Date: May 11, 2009 |  |  |  | By: |  | /s/ John E. Sherborne
|                   |  |  |  |     |  |                       |  | John E. Sherborne Chief Executive
Officer
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

**ANNUAL STATEMENT OFCOMPLIANCE**

 

 

Reference is hereby made to that certainPooling and Servicing Agreement dated as of October 1, 2012, by and amongDeutsche Mortgage & Asset Receiving Corporation, as Depositor, Wells FargoBank, National Association, as Master Servicer, Midland Loan Services, adivision of PNC Bank, National Association, as Special Servicer, U.S. BankNational Association, as Trustee, Deutsche Bank Trust Company Americas asCertificate Administrator, Paying Agent and Custodian and Situs Holdings LLC,as Operating Advisor, with respect to Commercial Mortgage Pass-Through CertificatesSeries 2012-CCRE3 (the "Agreement"). Capitalized terms used hereinnot otherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 10.11 of thisAgreement, Leslie Hayton, Managing Director of Commercial Mortgage Services andTimothy S. Ryan, Managing Director of Customer Relationship Management dohereby certify that:

 

1.       Areview of the activities of the Master Servicer during the period from January1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.       To thebest of my knowledge, based on such review, the Master Servicer has fulfilledall of its obligations under the Agreement in all material respects throughoutthe Reporting Period.

 

 

IN WITNESS WHEREOF, the undersigned hasexecuted this Certificate as of the 28th day of February 2019.

 

 

/s/LeslieHayton

LeslieHayton

ManagingDirector

WellsFargo Bank

 

 

/s/Timothy S. Ryan

TimothyS. Ryan

ManagingDirector

WellsFargo Bank

 

 

| Wells  Fargo Bank, N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|