alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED April 20, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51006 Conference Calendar

JUAN ARTURO MONTOYA, Plaintiff-Appellant,

versus TROY WILLIAMSON, Warden, Former Warden, F.C.I. La Tuna; ROBERT M. TAPIA, Warden, F.C.I. La Tuna; D. RAMEY, Correctional Officer, F.S.L. La Tuna; F.C.I. LA TUNA SPECIAL HOUSING UNIT OFFICER/ MEDICAL STAFF, at both F.C.I. La Tuna and the F.S.L., Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CV-54-PRM

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * Juan Arturo Montoya, federal prisoner # 51939-019, appeals the district court’s dismissal of his Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971) action. The district court dismissed the complaint as to defendants Williamson, Tapia, and Ramey on the basis that there is no respondeat superior doctrine in a Bivens action. Montoya has notNo. 03-51006 -2- shown that the district court abused its discretion in dismissing his complaint as to those defendants as frivolous. See Norton v. Dimazana , 122 F.3d 286, 291 (5th Cir. 1997). Montoya has not briefed the issue whether the district court erred in dismissing the complaint as to the remaining defendants for want of prosecution and it is deemed abandoned. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). Montoya’s appeal is without arguable merit and is thus frivolous. See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, the appeal is DISMISSED. 5 TH C IR . R. 42.2. The dismissal of this appeal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996). We caution Montoya that once he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.
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# USS Patriot arrives in Jakarta, Indonesia 

By USS Patriot Public Affairs USS Patriot Public Affairs

JAKARTA, Indonesia (NNS) -- The Avenger-class mine countermeasures ship USS Patriot (MCM 7) arrived in Jakarta, Indonesia, for a port visit, June 25.Patriot is visiting Jakarta while operating in U.S. 7th Fleet to work with their Indonesian Navy (TNI-AL) counterparts to strengthen regional security and stability, and enhance interoperability.“The crew of the USS Patriot is looking forward to interacting with the Sailors and Marines of the Indonesian Second Fleet and Second Marine Division,” said Lt. Cmdr. Jon Volkle, commanding officer of Patriot. “We’re also very grateful for the warm welcome as it highlights the strategic partnership between our two nations.”Upon arriving, the Indonesian Navy (TNI-AL) hosted a welcoming ceremony that included a sample of their culture with a traditional Indonesian dance. After the ceremony Volkle provided a tour of the ship to the Indonesian sailors that hosted the ceremony.“I’m excited to be here,” said Seaman Zachary Fedak. “I’ve always heard Indonesia is a beautiful country.”This year marks 70 years of friendly diplomatic relations between the United States and Indonesia.Patriot is part of Commander, Mine Countermeasures Squadron 7 and is forward deployed to Sasebo, Japan. They are operating in the U.S. 7th Fleet area of operations in support of regional peace and stability. 

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No. 90-6033.

#### Whitaker *v.*Pascarella et al.

Ct. App. Cal., 1st App. Dist. Certiorari denied.
Human Factors Information System (HFIS)

U.S. Nuclear Regulatory Commission

From 01/01/2010 to 12/31/2010Page 1 of 203/16/2015 17:09:46

2x N

Total 

N

Document Types: IR, LER IR/LER Category Analysis by Docket Report

N

Average for Se

Details Department Work Type 

Facility Name: Nine Mile Point 2 Docket (050- 00410)

Communication / IR160 - No communication / information not communicated O - Operations O - Control Room Ops 

160 - No communication / information not communicated O - Operations O - Control Room Ops 

213

Number of Items for this Docket: 

Percent of Total for this Docket: 

Oversight / IR130 - Inadequate suprevision / command and control O - Operations O - Control Room Ops 

131 - Management expectations or directions LTA O - Operations O - Control Room Ops 

213

Number of Items for this Docket: 

Percent of Total for this Docket: 

Procedures & Reference Document / IR111 - Procedure / reference document technical content O - Operations O - Control Room Ops 

111 - Procedure / reference document technical content P - Procedure Writers P - Procedure Dev 

213

Number of Items for this Docket: 

Percent of Total for this Docket: 

Problem Identification & Resolution / IR148 - Action not yet started or untimely O - Operations O - Control Room Ops 

16

Number of Items for this Docket: 

Percent of Total for this Docket: 

Work Planning & Practices / IR186 - Failure to take action / meet requirements O - Operations O - Control Room Ops 

187 - Action implementation LTA O - Operations O - Control Room Ops 190 - Failure to stop work / non-conservative decision making O - Control Room Ops 

O - Operations

190 - Failure to stop work / non-conservative decision making O - Control Room Ops 

O - Operations

425

Number of Items for this Docket: 

Percent of Total for this Docket: 

Oversight / LER131 - Management expectations or directions LTA W - Work Control / Scheduling Outage Pla A - Administrative 

16

Number of Items for this Docket: 

Percent of Total for this Docket: 

Work Planning & Practices / LER183 - Pre-job activities LTA I - Instrumentation & Control M - Maintenance / Repair 

183 - Pre-job activities LTA I - Instrumentation & Control M - Maintenance / Repair 
Human Factors Information System (HFIS)

U.S. Nuclear Regulatory Commission

From 01/01/2010 to 12/31/2010Page 2 of 203/16/2015 17:09:46

2x N

Total 

N

Document Types: IR, LER IR/LER Category Analysis by Docket Report

N

Average for Se

Details Department Work Type 

Facility Name: Nine Mile Point 2 Docket (050- 00410)

Work Planning & Practices / LER186 - Failure to take action / meet requirements W - Work Control / Scheduling Outage Pla A - Administrative 189 - Recognition of adverse condition / questioning attitude LTA W - Work Control / Scheduling Outage Pla A - Administrative 

425

Number of Items for this Docket: 

Percent of Total for this Docket: 

Total Items for this Docket: 16
Exhibit No. 32.1
----------------
Form 10-QSB
Million Dollar Saloon, Inc.
File No. 0-27006

          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 Million  Dollar  Saloon,  Inc. (the
"Company")  on Form 10-QSB for the period ending June 30, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Nick
Mehmeti,  Chief  Executive and Chief 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 respects, the financial condition and results of operations of
         the Company.


Date: August 7, 2004                               By:     /s/ Nick Mehmeti
      --------------                                 ---------------------------
                                                                    Nick Mehmeti
                                                     Chief Executive Officer and
                                                         Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Million Dollar  Saloon,  Inc. and will be retained by Million Dollar
Saloon,  Inc. to be furnished to the Securities  and Exchange  Commission or its
staff upon request.
No. 91-6238.

#### Hall *v.*United States.

C. A. 4th Cir. Certiorari denied.
**Exhibit21.1**

**Listof Subsidiaries of Registrant**

 

Commerce One, Inc.

Commerce One Operations, Inc.

CVX Holdco, LLC

Commerce One E-GovernmentSolutions, Inc.

Commerce One International,Inc.

Commerce One (Europe)

Commerce One (France) SARL

Commerce One (Deutschland) GmbH

Commerce One (UK) Limited

Commerce One Spain, S.L.

Commerce One Denmark ApS

Commerce One Bahrain W.L.L.

Exterprise UK Limited

Commerce One Chile Ltda.

Commerce One Brazil Ltda.

Commerce One Canada Inc.

Commerce One Hong Kong Ltd.

Commerce One KK

Commerce One Solutions Pte,Ltd.

Commerce One Korea, Inc.

Commerce One Australia Pty Ltd.

Commerce One Philippines Inc.

Internet Outfitters, Inc.

VEO Systems, Inc.

Mergent Systems, Inc.

Electronic Trade ServicesLimited

Commerce One Sweden AB

Commerce One Netherlands B.V.
#### Kuhnke, Appellant, vs. Borden, Respondent.

*September 18*

October *8, 1912.*

*Accounting: Landowner and cropper: Findings of fact.*

In an action involving the accounts between the owner of a farm and a cropper, the findings of fact by the trial court are *held*to be sustained, by the evidence.

Aureal from a judgment of the circuit court for Rock county: Geoege Gbimm, Circuit Judge.

*Affirmed.*

The- defendant owned a farm in Rock county, and in October, 1907, made an agreement with the plaintiff and one Leopold by which *Kuhnlce*and Leopold were to take possession of the farm March 1, 1908, and work the same for a share of the crops and income. Leopold later assigned his interest to the plaintiff with defendant’s consent', and the plaintiff occupied the farm from some time in 1908 until January, 1912, when this action was commenced. The agreement contained numerous stipulations as to the furnishing of stock, seed, sale of milk, etc., which need not be particularly stated, except that by one clause it was agreed that the defendant had the right to sell the products of the farm, including the milk, receive the proceeds, and apply the money received on any indebtedness due him from the plaintiff. The action is brought to recover some $2,000 for services rendered, moneys wrongfully retained by defendant from the sale of farm products, and damages for failure to perform certain agreements of the contract. The defendant claimed that in February, 1911, all the accounts between himself’ and the plaintiff (except the account for milk and cream sold) were examined by them, and it was found and agreed between them that there was then due the defendant' from the plaintiff ■ $341.52; that subsequently the defendant sold produce from the farm of which the plaintiff’s share amounted to something more than $200, *527■which amotuit the defendant credited npon the balance found due him upon the settlement; that the amounts received by defendant upon the sale of milt and cream were accounted for each month, and the amounts due the-plaintiff paid to him and retained by him without objection.

The case was tried by the court without a jury and findings made in substance in full accordance with the defendant’s contention. By these findings it appeared that there was still due the defendant from the plaintiff a trifle more than $100, and judgment was rendered dismissing the complaint, from which the plaintiff appeals.

*J. J. Cunningham,*for the appellant.

Eor the respondent there was a brief by *Jeffris, Mount, Oestreich & Avery,*and oral argument by *O. A. Oestreich.*

Winslow, O. J.

There was ample evidence in support of the findings of fact of the trial court, hence the judgment must be affirmed, unless there was some prejudicial error in the-'admission of evidence or other rulings on the trial, as a result of which some substantial right of the plaintiff has been affected.

. A number of rulings are attacked by the appellant as erroneous and substantially prejudicial, but after careful examination we do not deem any of these claims well founded or of sufficient importance to justify treatment in detail.

*By the Court.*— Judgment affirmed.
**Exhibit32.2**

 

STATEMENT PURSUANT TO 18 U.S.C. §1350

 

Pursuant to 18 U.S.C. §1350, the undersigned certifiesthat this Quarterly Report on Form 10-Q for the period ended March 31,2008 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that the information contained in thisreport fairly presents, in all material respects, the financial condition andresults of operations of Millennium Pharmaceuticals, Inc.

 

 
| Dated: May 12, 2008 | /s/ MARSHA H. FANUCCI                             |
|--------------------------|---------------------------------------------------|
|                     | Marsha H. Fanucci                                 |
|                     | Senior Vice President and Chief Financial Officer |
|                     | (Principal financial officer)                     |

 

A signed original of thiswritten statement required by Section 906 has been provided to MillenniumPharmaceuticals, Inc. and will be retained by Millennium Pharmaceuticals, Inc.and furnished to the Securities and Exchange Commission or its staff uponrequest.

 

----
**Exhibit 32.1**

 

 

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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 Emerging Vision, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned hereby certifies, 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 our knowledge:

 

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

 

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

 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

 

 

| Date:       May 15, 2007 |   |
|--------------------------|--------|

 

| /s/ Christopher G. Payan    Christopher G. PayanChief Executive Officer                                                                                                                                                         |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                                     |
| /s/ Brian P. Alessi                               Brian P. AlessiChief Financial Officer |

 

 

 

 

 

 

1
Exhibit 32.2

Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley act of 2001.

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


In connection with the Annual Report Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934 on Form 10-KSB of AmeriChip International Inc.
(the "Company") for the period ended November 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Marc
Walther, Chief Accounting Officer of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001,
that:

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

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

Dated:  March 15, 2005

                                    /s/ Marc Walther
                                    --------------------------------------
                                    Marc Walther, Chief Accounting Officer
No. 91-6071.

#### Lebbos *v.*State Bar of California et al.; and Lebbos *v.*Judges, Santa Clara County Superior Court.

C. A. 9th Cir. Certiorari before judgment denied.
```

[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94780-94781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27943]

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

POSTAL SERVICE

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

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: November 29, 2024.

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

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby

[[Page 94781]]

gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 21, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 478 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2025-477, K2025-474.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-27943 Filed 11-27-24; 8:45 am]
BILLING CODE 7710-12-P
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