alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 20055 Summary Calendar

MELVIN SMITH , Plaintiff

- Appellant

v. BRAD LIVINGSTON; WILLIAM H. JONES, III; FERNANDO FUSTER; JAQUELIN BROWN; DERRICK WASHINGTON; TAMIKA WILLIAMS; GINA D. QUAST; B. BURNETT , Defendant s
- Appellee s

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16

- CV

- 2603

Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * Melvin Smith appeals the dismissal, for want of prosecution, of his 28 U.S.C. § 1983 civil rig hts action against various employees of the Texas Department of Criminal Justice. See F ED

. R. C IV

. P . 41(b). The district court dismissed the case without prejudice upon finding that Smith had failed to timely comply with its previous order to provide a more definite statement of

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED March 5, 2018 Lyle W. Cayce Clerk Case: 17-20055 Document: 00514372788 Page: 1 Date Filed: 03/05/2018No. 17

- 20055

2 the facts underlying his § 1983 claims. That order instructed Smith to fi le his more definite statement by January 10, 2017. In an uncontroverted sworn declaration, Smith asserts that he deposited his statement in the prison mail system on January 9, 2017. See Cooper v. Brookshire , 70 F.3d 377, 379

- 81 (5th Cir. 1995) (prisone r mailbox rule). Furthermore, Smith’s statement was filed by the district court clerk on January 12, 2017, within two business days after the filing deadline. See Houston v. Lack , 487 U.S. 266, 269

- 76 (1988) ; Sonnier
v. Johnson , 161 F.3d 941, 945 (5th Ci r. 1998). Under either scenario, Smith’s more definitive statement was timely filed. The district court thus abused its discretion in dismissing his § 1983 action for want of prosecution. See Larson v. Scott , 157 F.3d 1030, 1032 (5th Cir. 1998)

. Accord ingly, we VACATE the order dismissing Smith’s § 1983 action for want of prosecution and REMAND the case to the district court for further proceedings. Case: 17-20055 Document: 00514372788 Page: 2 Date Filed: 03/05/2018
Exhibit 32.1

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of MAP Pharmaceuticals, Inc., a Delaware corporation (the Company), hereby certifies, to his knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2007 (the Report) fully complies
with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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



/s/ Timothy S. NelsonTimothy S. NelsonPresident, Chief Executive Officer and Director(Principal Executive Officer)


Dated: November 15, 2007

A signed original of this written statement required by Section 906 has been provided to MAP Pharmaceuticals, Inc. and will be retained by MAP Pharmaceuticals, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.

Certification of Principal Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of MAP Pharmaceuticals,
Inc., a Delaware corporation (the Company), hereby certifies, to his knowledge, that:

(i) the accompanying Quarterly Report
on Form 10-Q of the Company for the period ended September 30, 2007 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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



/s/ Christopher Y. ChaiChristopher Y. ChaiChief Financial Officer(Principal Financial Officer)


Dated: November 15, 2007

A signed original of this written statement required by Section 906 has been provided to MAP Pharmaceuticals, Inc. and will be retained by MAP Pharmaceuticals, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Yellow Hill Energy Inc. (the
"Company") on Form 10-Q for the period ending October 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jay
Jhaveri, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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 respects, the financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
2nd day of December, 2008.


/s/ Jay Jhaveri
------------------------------
Chief Financial Officer
# L_2012258EN.01003201.xml

| 26.9.2012 | EN | Official Journal of the European Union | L 258/32 |
| --- | --- | --- | --- |

26.9.2012

EN

Official Journal of the European Union

L 258/32

---

COUNCIL DECISION

of 24 September 2012

appointing an Italian alternate member of the Committee of the Regions

(2012/520/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | An alternate member’s seat has become vacant following the end of the term of office of Ms Barbara BONINO, |
| --- | --- |

(2)

An alternate member’s seat has become vacant following the end of the term of office of Ms Barbara BONINO,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| — | Mr Mattia TARSI, Consigliere, Provincia di Pesaro. |
| --- | --- |

—

Mr Mattia TARSI, Consigliere, Provincia di Pesaro.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 24 September 2012.

For the Council

The President

A. D. MAVROYIANNIS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
Pacific L.L.C. 

P.O. Box 20280 

Mesa, Arizon a 85277-028 0 

(888) 575-454 6 Tol l Free 

www.pacificwings.co m 

December 16, 2010 

VIA ELECTRONIC MAIL 

Mr. Dennis DeVany, 

Essential Air Service Chief 

US Department of Transportation 

EAS and Domestic Analysis Division 

1200 New Jersey Avenue, SE 

W86-471 

Washington, DC 20590 

13 

Dear Mr. DeVany, 

Pacific Wings continues to conduct due diligence with regard to 

development of proposals for provision of Essential Air Service at 

Clovis and Silver City, New Mexico. The approaching holidays, 

however, are affecting our ability to schedule time with interested 

stakeholders. 

In order to give this important matter the full consideration it 

deserves, we respectfully request an extension of time to submit 

proposals for these communities, until 06 JAN 2011. 

I sincerely appreciate your consideration of this request. 

Re spetrETiiPa. 1 y, 

-z'-^ 

jreg 'Kahlstorf 

Chief Executive Officer 

Pacific Wings, L.L.C.
[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Page 83926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24033]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: October 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 4, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & USPS Ground Advantage[supreg] Contract 
376 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2025-31, K2025-30.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-24033 Filed 10-17-24; 8:45 am]
BILLING CODE 7710-12-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         October 18, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 3, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 434 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-21, K2025-20.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-24022 Filed 10-17-24; 8:45 am]

BILLING CODE 7710-12-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of the cancellation of the National Heart, Lung, and Blood Advisory Council, October 29, 2024, 8 a.m. to October 29, 2024, 5 p.m., National Institutes of Health, Building 31, 31 Center Drive, Bethesda, MD, 20892 which was published in the                     **Federal Register**                     on September 30, 2024, 89 FR 79933.                

The meeting is cancelled.

Dated: October 9, 2024.

Bruce A. George,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-23752 Filed 10-11-24; 8:45 am]

BILLING CODE 4140-01-P
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108

- 1750; (617) 557

- 1030; SJCReporter@sjc.state.ma.us

SJC

- 1 2270

JAMES RIVA vs

. MASSACHUSETTS PAROLE BOARD.

August 18 , 2017.

Supreme Judicial Court , Superint endence of inferior

courts. Parole

. Practice, Criminal , Discovery.

The petitioner

, James Riva , appeals from a judgment of a single justice of this court denying his petition pursuant to

G. L. c. 211, § 3. We affirm

.

Riva is currently serving a life sentence for second degree
murder. After the p arole b oard (board) denied him parole in January, 2015, he filed a complaint in the Superior Court seeking certiorari review and a declaratory judgment in
connection with claim ed constitutional violations that occurred
in the course of the proceedings before the board . The board's motion to dismiss the complaint was allowed as to the declaratory judgment claim but denied as to the certiorari
claim. Riva 's subsequently

- filed motion to compel discovery was initially denied, but, on Riva's motion for reconsideration, the motion judge indicated that the motion was allowed "to the
extent that the administrative record shall reflect the evidence relied upon by the parole boar d to issue its decision." Riva then filed a "motion for relief," which also pertained to certain discovery. After this motion was denied, Riva filed his

G. L. c. 211, § 3, petition in the county court. In the petition, he argued that his case could not proceed in the trial court without the requested discovery. The single justice denied the petition without a hearing.

The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires a showing that
"review of the trial court decision cannot adequately be2

obtained on appeal from any final adverse judgment in the trial court or by other available means." S.J.C. Rule 2:21 (2). Riva has not made, and cannot make, such a showing. He argues that
the board has been "a llowed" to "diso bey a compelled discovery
order " and that, essentially, if the board is allowed to continue to do so, the issue will eventually become moot by the time he is again eligible for parole. There i s no reason , however, why the rulings related t o discovery cannot adequately be addressed in an appeal from any adverse judgment , including
the mootness issue

. See, e.g., Madison v. Commonwealth , 466

M ass. 1033, 1033 (2013), and cases cited.

The single justice did not err or abuse his discretion in denying relief under G. L. c. 211, § 3.

Judgment affirmed

.

The case was submitted on the papers filed, accompanied by
a memorandum of law.
James Riva , pro se.
Exhibit 31.1

CERTIFICATION

I,
Jennifer M. Davis, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect
of the period covered by this report on Form 10-K of Santander Drive Auto Receivables Trust 2012-6 (the Exchange Act periodic reports);

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period
covered by this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities performed
by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports,
the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

5. All of the reports on assessment
of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with
Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been
disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by the
following unaffiliated parties: U.S. Bank National Association.



/s/ Jennifer M. DavisName:

Jennifer M. DavisTitle:

Deputy Chief Financial OfficerDate:

March 29, 2016
SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D2023-2919

Lower Tribunal No. 2001031912

_____________________________

TIMOTHY BRYAN HANDLEY,

Appellant,

v.

DEPARTMENT OF REVENUE and SHERRI LAFORSTE BANNISTER,

Appellees.

_____________________________

Appeal from the Department of Revenue.

August 27, 2024

PER CURIAM.

AFFIRMED.

TRAVER, C.J., and WOZNIAK and BROWNLEE, JJ., concur.

Nicole Benjamin, of Benjamin Law Firm, P.A., Orlando, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Toni C. Bernstein, Senior 

Assistant Attorney General, Tallahassee, for Appellee.

No Appearance for Appellee, Sherri LaForste Bannister.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING 

AND DISPOSITION THEREOF IF TIMELY FILED
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 Annual Report on Form 10-K of Hersha Hospitality Trust (the “Company”) for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ashish R. Parikh, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, 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.
 
 
 March 3, 2011
/s/ Ashish R. ParikhAshish R. ParikhChief Financial Officer
# L_2012258EN.01002901.xml

| 26.9.2012 | EN | Official Journal of the European Union | L 258/29 |
| --- | --- | --- | --- |

26.9.2012

EN

Official Journal of the European Union

L 258/29

---

COUNCIL DECISION

of 24 September 2012

appointing an Italian alternate member of the Committee of the Regions

(2012/517/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | An alternate member’s seat has become vacant following the end of the term of office of Mr Angelo ZUBBANI, |
| --- | --- |

(2)

An alternate member’s seat has become vacant following the end of the term of office of Mr Angelo ZUBBANI,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| — | Mr Leoluca ORLANDO, Sindaco del Comune di Palermo. |
| --- | --- |

—

Mr Leoluca ORLANDO, Sindaco del Comune di Palermo.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 24 September 2012.

For the Council

The President

A. D. MAVROYIANNIS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**JOHN PAUL CURRIN,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 71 WM 2014** 

ORDER

PER CURIAM

AND NOW **, this 6 th**  **day of November, 2014, the Petition for Leave to F ile Petition** 

**for Allowance of Appeal Nunc Pro Tunc is** DENIED

**.**
Exhibit 32.1

Written Statement of the Chief Executive Officer

Pursuant to 18 U.S.C. Section 1350

Solely for the purposes of complying with 18 U.S.C. ss.1350, I, the undersigned Chief Executive Officer of Homeowners Choice, Inc. (the
Company), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on August 12, 2009 (the
Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and that information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



/s/ FRANCIS X. MCCAHILL IIIFrancis X. McCahill IIIPresident and Chief Executive OfficerAugust 12, 2009


A signed original of this document has been provided to Homeowners Choice, Inc. and will be retained by
Homeowners Choice, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



36