alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT FOR THE STATE OF MONTANA 

No. DA 23-0191

IN THE MATTER OF: 

SH, 

 A Youth In Need Of Care. 

ORDER 

 Upon consideration of Mother and Appellant’s Motion For Extension Of 

Time (First), and with good cause shown, Mother and Appellant C.D.H. is hereby 

granted an extension of time until July 7, 2023 in which to prepare, file and serve 

Mother and Appellant’s opening brief. 

 

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

May 26 2023

05/26/2023

Case Number: DA 23-0191
**Exhibit 24.7**

** **

**POWER OF ATTORNEY**

** **

KNOW ALL MEN BYTHESE PRESENTS, that the undersigned hereby constitutes and appoints Robert E.Sulentic, Derek R. McClain, Arlin E. Gaffner and J. Christopher Kirk and eachof them, his true and lawful attorneys-in-fact, with full power of substitutionand resubstitution, for him and in his name, place and stead, to sign on hisbehalf, as a director or officer, or both, as the case may be, of Trammell CrowCompany, a Delaware corporation (the “Corporation”), the Corporation’s AnnualReport on Form 10-K for the year ended December 31, 2003, and to sign anyor all amendments to such Form 10-K, and to file the same, with all exhibitsthereto, and other documents in connection therewith, with the Securities andExchange Commission, granting unto said attorneys-in-fact, and each of themwith or without the others, full power and authority to do and perform each andevery act and thing requisite and necessary to be done in and about thepremises, as fully to all intents and purposes as he might or could do inperson, hereby ratifying and confirming all that each of said attorneys-in-factor their substitute or substitutes may lawfully do or cause to be done byvirtue hereof.

 

 
|   | /s/ JAMES R. ERWIN |   |
|--------|--------------------|--------|
|   | James R. Erwin     |   |

 

----
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-13-00203-CR

LUTHER JAY STOWE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court

Red River County, Texas

Trial Court No. CR-00479

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss
2

MEMORANDUM OPINION

Luther Jay Stowe, appellant, has filed a motion to dismiss his appeal. The motion was 

signed by both Stowe and his counsel in compliance with the Texas Rules of Appellate 

Procedure. See TEX. R. APP. P. 42.2(a). As authorized by Rule 42.2(a), we grant the motion.

Accordingly, we dismiss this appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: February 19, 2014

Date Decided: February 20, 2014

Do Not Publish
# C_2016007EN.01000203.xml

| 11.1.2016 | EN | Official Journal of the European Union | C 7/2 |
| --- | --- | --- | --- |

11.1.2016

EN

Official Journal of the European Union

C 7/2

---

Election of the Vice-President of the Court

(2016/C 007/04)

At a meeting on 8 October 2015, the Judges of the Court of Justice elected, pursuant to Article 8(4) of the Rules of Procedure, Mr Tizzano as Vice-President of the Court for the period from 8 October 2015 to 6 October 2018.

---
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 23-1408

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Altedias Maurice Campbell

 Defendant - Appellant

____________

Appeal from United States District Court 

for the Northern District of Iowa - Eastern

____________ 

Submitted: September 18, 2023

Filed: November 2, 2023

[Unpublished]

____________ 

Before SHEPHERD, KELLY, and STRAS, Circuit Judges. 

____________

PER CURIAM.

After finding that Altedias Campbell violated the conditions of supervised 

release by assaulting his girlfriend, the district court1 sent him back to prison for 14 

1

The Honorable Linda R. Reade, United States District Judge for the Northern 

District of Iowa.
-2- 

months. Although he argues there was no violation and that his sentence is too long, 

we affirm. 

First, sufficient evidence supported the finding that Campbell assaulted his 

girlfriend. See 18 U.S.C. § 3583(e)(3). The victim herself testified—credibly, in 

the district court’s view—about the who, when, where, why, and how of the attack. 

A credibility determination like this one “is quintessentially a judgment call and 

virtually unassailable on appeal.” United States v. Cates, 613 F.3d 856, 858 (8th 

Cir. 2010) (citation omitted). So relying on her account, along with photographs of 

her injuries, was not clearly erroneous. See United States v. Sistrunk, 612 F.3d 988, 

991 (8th Cir. 2010) (explaining that we will reverse only if we are left with a 

“definite and firm conviction” that the district court made a mistake (citation 

omitted)).

Second, to the extent Campbell challenges the sentence itself, we conclude it 

is substantively reasonable. See United States v. Perkins, 526 F.3d 1107, 1110 (8th 

Cir. 2008) (reviewing the reasonableness of a revocation sentence for an abuse of 

discretion). The record establishes that the district court sufficiently considered the 

statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(c), (e)(3), and did not rely 

on an improper factor or commit a clear error of judgment. See United States v. 

Larison, 432 F.3d 921, 923–24 (8th Cir. 2006). We accordingly affirm the judgment 

of the district court. 

______________________________
#### Ann C. Clark *vs.*The Brooklyn Elevated Railroad Company.

*(Supreme Court, General Term, Second Department,*

*Filed December*14, 1886.)

ATTORNEY AND CLIENT — COMPENSATION EOR SERVICES.

Where an order to show cause why an attorney should not enter an order of discontinuance in an action, or permit it to he entered, or why another attorney should not be substituted in his place, was opposed by the attorney on the ground that on the settlement of the suit, a sum of money was paid to his client by the other side, a certain portion of which was designated to be applied to the compensation of the attorney, the Special Term who heard the motion, finding that the proof did not bear out the claim, and thatthere existed between the attorney and client no agreement as to the compensation of the attorney, determined upon the value of the services rendered. Upon appeal to the General Term. *Held,*that the proof did not justify the interference of the appellate tribunal with the determination.

*53Appeal by plaintiff’s attorney from an order of the Special Term fixing the compensation of said attorney.

*Samuel P.*Potter, for the motion; *T. C.*Cronin, opposed.

Dykman, J.

The plaintiff in this action, procured an order requiring her attorney to show cause why he should not enter an order of discontinuance or permit such order to be entered, or why another attorney should not be substituted in his place.

On the motion, the real controversy seemed to cluster about the compensation of the attorney. He had received one hundred dollars, and the judge, at special term, awarded him the sum of three hundred dollars in addition.

It is the claim of the attorney, that the defendant paid the plaintiff seven hundred dollars for his counsel fee on the settlement of the suit, and that she holds that money for him ; but the proof does not bring the case up to this demand.

As there was no special contract between the plaintiff and her lawyer, respecting the payment for Ms services, he relied upon the implication of the law to raise a contract in Ms favor for the payment of their value.

Such value has been ascertained and determined as a question of fact by the judge who decided the motion, and the proof does not justify the interference of an appellate tribunal, with that determination.

The order should be affirmed, with costs and disbursements.

Babkabd, P. J., and Pbatt, J., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

FORREST MULLER, ) ) Appellant, ) ) v. ) Case No. 2D18-2448 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed September 20, 2019. Appeal from the Circuit Court for Manatee County; Brian A. Iten, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed.

BLACK, BADALAMENTI, and SMITH, JJ., Concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

JORGE FRANCO-IBARRA, a.k.a.

Fernando Lomeli-Ibarra, 

Defendant-Appellant.

No. 15-10396

D.C. No. 2:14-cr-00173-JCM

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Submitted August 16, 2016**

Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

Jorge Franco-Ibarra appeals from the district court’s judgment and

challenges the 46-month sentence imposed following his guilty-plea conviction for

being a deported alien found unlawfully in the United States, in violation of 8

FILED

NOV 28 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and

remand for resentencing. 

 In supplemental briefing, Franco-Ibarra contends that the district court erred

by applying a 16-level enhancement to his offense level under U.S.S.G.

§ 2L1.2(b)(1)(A)(ii). The presentence report (“PSR”) stated that Franco-Ibarra’s

prior conviction for coercion qualified as a crime of violence under U.S.S.G. 

§ 4B1.1, a Guideline that is not applicable in this case and which defined “crime of

violence” differently than the relevant Guideline. Compare U.S.S.G. § 4B1.2(a)

(2014), with U.S.S.G. § 2L1.2 cmt. n.1(B)(iii) (2014). Because the PSR applied

the wrong definition of “crime of violence,” the district court plainly erred by

relying on it. See United States v. Castillo-Marin, 684 F.3d 914, 921-22 (9th Cir.

2012). 

The government suggests that the district court’s error was not prejudicial

because the documents of conviction would demonstrate that the coercion statute is

divisible, see Mathis v. United States, 136 S. Ct. 2243, 2256-57 (2016), and that

Franco-Ibarra was convicted of a crime of violence. We cannot evaluate this claim

because the documents of conviction are not part of the record. Under these

circumstances, and given the substantial effect of the enhancement on FrancoIbarra’s Guidelines range, we conclude that the district court’s error affected

2 15-10396
Franco-Ibarra’s substantial rights and the fairness of judicial proceedings. See

Castillo-Marin, 684 F.3d at 927.

Upon remand, if the government again seeks the 16-level enhancement, it

may submit Franco-Ibarra’s documents of conviction. See id. In that event, the

district court can determine in the first instance whether Franco-Ibarra’s prior

conviction under the Nevada coercion statute qualifies as a crime of violence under

U.S.S.G. § 2L1.2(b)(1)(A)(ii).

In light of this disposition, we decline to consider Franco-Ibarra’s remaining

claims of sentencing error. 

VACATED and REMANDED for resentencing.

3 15-10396
Exhibit 32.2

SOHU.COM INC.

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 Sohu.com Inc. (the Company) on Form 10-Q for the period ended June 30, 2010
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Carol Yu, Co-President and Chief Financial Officer of the Company, certify, pursuant to 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 of the Company as of June 30, 2010 and results of operations of the Company for the three months ended June 30, 2010.



/s/ Carol YuCarol Yu
Co-President and Chief Financial OfficerAugust 5, 2010
# C_2016077EN.01000401.xml

| 27.2.2016 | EN | Official Journal of the European Union | C 77/4 |
| --- | --- | --- | --- |

27.2.2016

EN

Official Journal of the European Union

C 77/4

---

Euro exchange rates (1)

1

26 February 2016

(2016/C 77/05)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1006 |
| JPY | Japanese yen | 124,42 |
| DKK | Danish krone | 7,4600 |
| GBP | Pound sterling | 0,78745 |
| SEK | Swedish krona | 9,3710 |
| CHF | Swiss franc | 1,0929 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,5245 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,064 |
| HUF | Hungarian forint | 310,52 |
| PLN | Polish zloty | 4,3631 |
| RON | Romanian leu | 4,4639 |
| TRY | Turkish lira | 3,2347 |
| AUD | Australian dollar | 1,5275 |
| CAD | Canadian dollar | 1,4909 |
| HKD | Hong Kong dollar | 8,5511 |
| NZD | New Zealand dollar | 1,6347 |
| SGD | Singapore dollar | 1,5428 |
| KRW | South Korean won | 1 360,34 |
| ZAR | South African rand | 17,2528 |
| CNY | Chinese yuan renminbi | 7,1954 |
| HRK | Croatian kuna | 7,6230 |
| IDR | Indonesian rupiah | 14 715,02 |
| MYR | Malaysian ringgit | 4,6352 |
| PHP | Philippine peso | 52,276 |
| RUB | Russian rouble | 83,0450 |
| THB | Thai baht | 39,236 |
| BRL | Brazilian real | 4,3356 |
| MXN | Mexican peso | 19,9233 |
| INR | Indian rupee | 75,6010 |

Currency

Exchange rate

USD

US dollar

1,1006

JPY

Japanese yen

124,42

DKK

Danish krone

7,4600

GBP

Pound sterling

0,78745

SEK

Swedish krona

9,3710

CHF

Swiss franc

1,0929

ISK

Iceland króna

NOK

Norwegian krone

9,5245

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,064

HUF

Hungarian forint

310,52

PLN

Polish zloty

4,3631

RON

Romanian leu

4,4639

TRY

Turkish lira

3,2347

AUD

Australian dollar

1,5275

CAD

Canadian dollar

1,4909

HKD

Hong Kong dollar

8,5511

NZD

New Zealand dollar

1,6347

SGD

Singapore dollar

1,5428

KRW

South Korean won

1 360,34

ZAR

South African rand

17,2528

CNY

Chinese yuan renminbi

7,1954

HRK

Croatian kuna

7,6230

IDR

Indonesian rupiah

14 715,02

MYR

Malaysian ringgit

4,6352

PHP

Philippine peso

52,276

RUB

Russian rouble

83,0450

THB

Thai baht

39,236

BRL

Brazilian real

4,3356

MXN

Mexican peso

19,9233

INR

Indian rupee

75,6010

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
O,~IAHOMA 

fl!pAallll~HI 01 EIlVIRON>Ul;rAI QU'\IlT 

STEVEN A. THOMPSON BRAD HENRY OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY , Governor u8Gl1ive Director 

RECEIPT FOR PAYMENT 

GWENDOLYN NERO 

4901 CHANDLER RD 

MUSKOGEE. OK 74403 

Type ofPee: AIR QUAT..IIY PERMIT FR"ijS 

Invoice: AQ 99-113-lY (M-S) 

Form ofPayment: 

o Cash 0 Check/MO (j) <;:tedit Card 0 Prepaid Acc:~unt 0 Electronic Payment 0 Purchase Order 

Fax # 404-232-4189 

FaxTo DUSTIN GIVENS' Date Received: O~/30/2007 

Amount Received: ..:,;$5;..,;00;..;;.;.;::..00""""'-____ 

Check Number. 


Logged in By: MESTRADA 


Receipt Number: .;.,3...... 89_7_44 ______


. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (nY, OKLAHOMA 73101·1677 

prinlod 00 Illcycilld p;lPIlI WIllI Ally ink o .
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 ASIA CORK INC. on Form 10-Q for the
      period ending September 30, 2008 as filed with the Securities and Exchange
      Commission on the date hereof, I, Pengcheng Chen, Chief Executive 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 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.





November
      13, 2008





By:
            /s/
                Pengcheng ChenPengcheng
                Chen, CEO
<PAGE>

                                                                      EXHIBIT 23

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

To the Board of Directors
Pinnacle Bancshares, Inc.:

We consent to the incorporation by reference in the registration statements
(Nos. 333-35603 and 333-85441 on Form S-8) of Pinancle Bancshares, Inc. of our
report dated March 12, 2004, with respect to the consolidated statements of
financial condition of Pinancle Bancshares, Inc. as of December 31, 2003 and
2002, and the related consolidated statements of operations, stockholders'
equity, and cash flows for the years then ended, which report appears in the
December 31, 2003, annual report on Form 10-KSB of Pinnacle Bancshares, Inc.

                                                   /s/ KPMG LLP
Birmingham, Alabama
March 30, 2004
# C_2016344EN.01000201.xml

| 20.9.2016 | EN | Official Journal of the European Union | C 344/2 |
| --- | --- | --- | --- |

20.9.2016

EN

Official Journal of the European Union

C 344/2

---

Euro exchange rates (1)

1

19 September 2016

(2016/C 344/02)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1165 |
| JPY | Japanese yen | 113,65 |
| DKK | Danish krone | 7,4503 |
| GBP | Pound sterling | 0,85500 |
| SEK | Swedish krona | 9,5688 |
| CHF | Swiss franc | 1,0955 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2505 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 307,76 |
| PLN | Polish zloty | 4,2925 |
| RON | Romanian leu | 4,4475 |
| TRY | Turkish lira | 3,3243 |
| AUD | Australian dollar | 1,4792 |
| CAD | Canadian dollar | 1,4684 |
| HKD | Hong Kong dollar | 8,6616 |
| NZD | New Zealand dollar | 1,5267 |
| SGD | Singapore dollar | 1,5220 |
| KRW | South Korean won | 1 250,16 |
| ZAR | South African rand | 15,6637 |
| CNY | Chinese yuan renminbi | 7,4469 |
| HRK | Croatian kuna | 7,5120 |
| IDR | Indonesian rupiah | 14 701,10 |
| MYR | Malaysian ringgit | 4,6178 |
| PHP | Philippine peso | 53,559 |
| RUB | Russian rouble | 72,0211 |
| THB | Thai baht | 38,885 |
| BRL | Brazilian real | 3,6440 |
| MXN | Mexican peso | 21,8847 |
| INR | Indian rupee | 74,7835 |

Currency

Exchange rate

USD

US dollar

1,1165

JPY

Japanese yen

113,65

DKK

Danish krone

7,4503

GBP

Pound sterling

0,85500

SEK

Swedish krona

9,5688

CHF

Swiss franc

1,0955

ISK

Iceland króna

NOK

Norwegian krone

9,2505

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

307,76

PLN

Polish zloty

4,2925

RON

Romanian leu

4,4475

TRY

Turkish lira

3,3243

AUD

Australian dollar

1,4792

CAD

Canadian dollar

1,4684

HKD

Hong Kong dollar

8,6616

NZD

New Zealand dollar

1,5267

SGD

Singapore dollar

1,5220

KRW

South Korean won

1 250,16

ZAR

South African rand

15,6637

CNY

Chinese yuan renminbi

7,4469

HRK

Croatian kuna

7,5120

IDR

Indonesian rupiah

14 701,10

MYR

Malaysian ringgit

4,6178

PHP

Philippine peso

53,559

RUB

Russian rouble

72,0211

THB

Thai baht

38,885

BRL

Brazilian real

3,6440

MXN

Mexican peso

21,8847

INR

Indian rupee

74,7835

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
Pat McCrory 

Governor 

Nacosta Ward 

USEPA, Region 4 

Sam Nunn Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8960 

Dear Ms. Nacosta Ward: 

Subject: North Carolina Conformity Memorandum of Agreements (MOAs) 

John E. Skvarla, Ill 

Secretary 

Per our conference call on February 21, 2013, the North Carolina Division of Air Quality (NCDAQ) 

requests Region 4 US EPA administrator's signature for two remaining Conformity Memorandum of 

Agreements (MOAs) which will complete the Rural Area MOA (page 23 enclosed) and the Great Smoky 

Mountain National Park MOA (page 18). To be consistent with how Ms. Gwendolyn Keyes Fleming 

previously signed the other 11 North Carolina's Conformity MOAs, the NCDAQ ask that the USEPA 

signature page be back dated to January 8, 2013. 

Please mail the two completed signature pages to my attention (below). Once I am in receipt of the 

documents, I will enclose and mail one hard copy of the complete SIP package containing all thirteen 

Conformity MOAs for USEPA's final approval. An exact duplicate electronic copy will also be provided 

on a compact disk. 

Victoria Chandler 

NC Division of Air Quality 

217 W. Jones Street 

1641 Mail Service Center 

Raleigh, NC 27699-1641 

The NCDENR believes it has in good faith addressed the requirements of Section 176( c) of the CAA 

through the Transportation Conformity MOA submittals. If you have any questions regarding this 

submittal, please contact Victoria Chandler at (919) 707-8714 or vicki.chandler@ncdenr.gov. 

VSC/ 

Enclosures 

cc 

Sincerely, 

tfdu~· J. ~Lev 

Victoria S. Chandler 

Sushma Masemore, NCDAQ 

Lynorae Benjamin, USEPA 

Planning Section 

1641 Mail Service Center, Raleigh, North Carolina 27699-1641 

217 West Jones Street, Raleigh, North Carolina 27603 

Phone/Fax: 919-707-8403 

Internet www.ncair.org
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-30967 Summary Calendar

DANNIE R. HAYWARD, SR., Plaintiff-Appellant,

versus JOLYNN WILLIAMS, Nurse; CARLA HAWKINS; PAM PORTER; REKIESHA SCOTT; CATHY ROULE; GARY WILSON, Defendants-Appellees.

Appeal from the United States District Court for the Middle District of Louisiana

No. 3:07-CV-72

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: *

D annie Hayward, Sr., former Louisiana prisoner # 301013, moves t h i s U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D July 17, 2 012 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t hasd ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-30967 Document: 00511923689 Page: 1 Date Filed: 07/17/2012No. 11-30967

court for leave to proceed in forma pauperis (“IFP”) in his appeal of the dismissal of his 42 U.S.C. § 1983 civil rights lawsuit. By moving for IFP status, Hayward is challen gi n g the district court’s certification that his appeal is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997); F E D
. R. AP P
. P. 24(a). Hayward argues that it would be a hardship to pay the costs of his appeal and that justice requires that the appeal be h e a rd. He does not address the district court’s certificati o n t h a t h is appeal is not taken in good faith or any of the court’s reasons for its decision. See Baugh , 117 F.3d at 202. Accordingly, his challenge is deemed abandoned. See Brinkmann v. Dall. Cnt y . Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 198 7). Additionally, Hayward has not shown that his appeal involves “legal points arguable on their merits (and therefore not frivolous).” Howard v. King, 7 0 7 F.2d 215, 220 (5th Cir. 1983) (per curiam). The motion to pro c e e d I F P o n appeal is DENIED, and the appeal is DISMISSED as frivolous. See Baugh , 117 F.3d at 202 & n.24; 5 T H C I R . R. 42.2. Because Hayward was incarcerated at the time h e filed his notice of appeal, this dis m i s s a l c o unts as a strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996). Hayward is cautioned that if he accumulates three strikes under § 1915(g), he will not be able to proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facil i ty unless he is under imminent danger of serious physical injury. See§ 1915(g).

2 Case: 11-30967 Document: 00511923689 Page: 2 Date Filed: 07/17/2012