alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ALD-240 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 15-3910

___________

EDWIN IKECHUKWU EJIKEME,

 Appellant

v.

DIRECTOR FEDERAL BUREAU OF INVESTIGATION, and his associates including 

his replacement if any; ESPERANTE S. TOVI, FBI agent with pseudo name Anulika

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil No. 2-15-cv-00008)

District Judge David S. Cercone

____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)

or Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6

April 28, 2016

Before: AMBRO, SHWARTZ, and NYGAARD, Circuit Judges

(Opinion filed May 6, 2016)

_________

OPINION*

_________

PER CURIAM

 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

Pro se appellant Edwin Ejikeme appeals from the judgment of the United States 

District Court for the Western District of Pennsylvania dismissing his complaint as 

frivolous. We will affirm. 

I.

Ejikeme initiated this action in 2015 against Robert Mueller, Director of the FBI, 

and Esperante S. Tovi, an alleged FBI agent operating under the pseudonym Anulika. In 

his complaint, Ejikeme sets a forth a variety of fantastical allegations against these 

Defendants, including allegations that they attempted to infect him with HIV, placed him 

on domestic and international spy satellites, and falsely informed the managers of Family 

Dollar and Bottom Dollar that Ejiekeme was stealing merchandise from these stores.

On November 9, 2015, after granting Ejikeme in forma pauperis status, the 

District Court dismissed his complaint as frivolous. Ejikeme filed a timely notice of 

appeal from this order on November 20, 2015.

II.

 We have jurisdiction under 28 U.S.C. § 1291 and review the District Court’s 

dismissal of the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) for abuse of 

discretion. See Denton v. Hernandez, 504 U.S. 25, 33 (1992). 

Section 1915(e)(2)(B)(i) “authorizes the dismissal of a[n IFP] complaint as 

factually frivolous if a court determines that the contentions are clearly baseless.” 

Deutsch v. United States, 67 F.3d 1080, 1085 (3d Cir. 1995). Here, Ejikeme’s allegations 

appear to arise from some type of imagined campaign by the FBI to infect him with HIV 

and otherwise harass and annoy him by stealing various personal items and smearing his 
3

reputation at local discount stores. The District Court properly dismissed these claims as 

frivolous.1 Denton, 504 U.S. at 33 (“[A] finding of factual frivolousness is appropriate 

when the facts alleged rise to the level of the irrational or the wholly incredible, whether 

or not there are judicially noticeable facts available to contradict them.”). 

Accordingly, we will affirm the decision of the District Court.

 

1 We have reviewed Ejikeme’s argument in support of appeal, which contains similarly 

fantastical allegations against Mueller.
Exhibit








EXHIBIT 10.48


SECOND AMENDMENT TO THE
ANIXTER INC. DEFERRED COMPENSATION PLAN
AS AMENDED AND RESTATED EFFECTIVE July 1, 2015


WHEREAS, Anixter Inc. (the “Company”) maintains the Anixter Inc. Deferred Compensation Plan, as amended and restated effective July 1, 2015 (the “Plan”) for its eligible employees and its affiliates that have adopted the Plan; 
WHEREAS, pursuant to Section 10.1 of the Plan, the Company has the right to amend the Plan; and
WHEREAS, the Company desires to amend certain governance provisions of the Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Plan is amended, effective as of December 18, 2018, in the following respects:
		
	1.
	Section 2.7 is amended in its entirety to read as follows: 


		
	“2.7
	Committee.  “Committee” means the Benefits Administrative Committee (referred to as the “Benefits Administrative Committee”, “BAC” or “Committee” in this Plan), and includes any delegate of the Committee pursuant to applicable Committee approvals, as more fully described in Article 8.”


		
	2.
	Section 8.1 is amended in its entirety to read as follows:


“8.1    Committee; Duties. This Plan shall be administered by the BAC, which serves as the Plan Administrator under ERISA.  The Anixter Inc. Employee Retirement and Benefits Oversight Committee (“ERBOC”) has the authority and responsibility (i) to appoint and remove members of the BAC and (ii) monitor the BAC. The BAC shall have such powers and duties as may be necessary to discharge its responsibilities.  These powers shall include, but not be limited to, interpreting the Plan provisions; determining amounts due to any Participant, the rights of any Participant or Beneficiary under this Plan and the amounts credited to a Participant’s Account and the Earnings thereon; enforcing the right to require any necessary information from any Participant; and any other activities deemed necessary or helpful.  The powers and duties of the BAC and the ERBOC are further provided in the Anixter Inc. Employee Benefit Plans Administration and Investment Charter, as adopted by the Company, and as may be renamed and/or amended from time to time. ”
		
	3.
	The last paragraph of Section 9.3 is amended in its entirety to read as follows:


“To the extent permitted by law, the decision of the claims official (if no review is properly requested) or the decision of the review official on review, as the case may be, shall be final and binding on all parties. No legal action for benefits under the Plan shall be brought unless and until the Claimant has exhausted such Claimant's remedies under these claims procedures, provided that any such action must be brought within one year after the final written decision of the Committee is rendered.”
*    *    *


1







IN WITNESS WHEREOF, the Executive Vice President, Human Resources, a duly authorized officer, has executed this Second Amendment to the Anixter Inc. Deferred Compensation Plan on December 18, 2018, to evidence its adoption by Anixter Inc.  
ANIXTER INC.
By:   /s/        Rod Smith                                                             
Rod Smith
Executive Vice President, Human Resources




2
Javier ABREU-PEREZ, DOC #526775, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4088

District Court of Appeal of Florida, Second District.

Opinion filed March 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

THEODORE CAMPBELL, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 170 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 9th day of August, 2017, the Petition for Allowance of Appeal is 

DENIED.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0327

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

STEVEN ERIC WALKS,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including April 3, 2024, within which to prepare, file, and 

serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 28 2024

02/28/2024

Case Number: DA 23-0327
Ernest Armando HOWARD, Jr. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; Garda CL Southeast, Inc.; and Marcus Rene Slaughter

2017 CA 1222

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: February 16, 2018

S. Bradley Rhorer, Zachary S. Walker, Baton Rouge, Louisiana, Attorneys for Plaintiff/Appellant Ernest Armando Howard, Jr.

Alphonse M. Thompson, Jr., New Orleans, Louisiana, Attorney for Defendants/Appellees National Union Fire Insurance Company of Pittsburgh, PA; Garda CL Southeast, Inc.; and Marcus Rene Slaughter

BEFORE: WHIPPLE, C.J., McDONALD, and CHUTZ, JJ.

McDONALD, J.

*145Ernest "EJ" Howard Jr. filed suit against Marcus Rene Slaughter, Garda CL Southeast, Inc., and National Union Fire Insurance Company of Pittsburgh, Pa. By judgment dated February 15, 2017, the trial court awarded Mr. Howard $3,900 in lost wages and $37,500 in general damages against the defendants. The judgment also stated that damages against the defendants would include "clerk costs and special costs in an amount to be determined by the Court on a motion to fix costs ...." Mr. Howard then filed a motion to fix costs with supporting evidence. On April 25, 2017, the trial court signed a second judgment against the defendants for "special costs in the amount of $5,064.64 and clerk costs ...."

Mr. Howard appealed from both the February 15 and April 25 judgments. The clerk of court prepared two separate appellate records and this Court lodged two appeals-the appeal from the February 15 judgment under this Court's docket number 2017 CA 1221, also decided this day, and the appeal from the April 25 judgment under this Court's docket number 2017 CA 1222, the current appeal. This Court denied Mr. Howard's motion to consolidate the appeals but ordered that the appeals be assigned to the same panel and docket.

Mr. Howard filed identical briefs in both appeals and states that his sole challenge is to the trial court's denial of medical expenses as reflected by the February 15, 2017 judgment. He explains:

> Although Plaintiff/Appellant is solely concerned with the action of the trial court denying the past medical expenses as reflected in the February 15, 2017 Judgment After Bench Trial, in an abundance of caution[,] Plaintiff/Appellant's Motion for Order of Appeal related to both the Judgment After Bench Trial and the [April 25, 2017] Judgment fixing costs.

Because Mr. Howard does not challenge the April 25, 2017 judgment, and it is clear that he no longer seeks an appeal from it, we hereby dismiss his appeal from the April 25, 2017 judgment.1 Costs of this appeal are assessed to Ernest "EJ" Howard Jr.

**APPEAL DISMISSED.**

1

The defendants filed a brief under this Court's docket number 2017 CA 1221 but did not file a brief in the present case.
Richard HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3008

District Court of Appeal of Florida, Second District.

Opinion filed February 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 10.3**

**AMENDMENT**

**TO**

**EMPLOYMENT AGREEMENT**

**THIS AMENDMENT TO EMPLOYMENT AGREEMENT** (the “Amendment”) ismade January 18, 2007 by and between Valassis Communications, Inc. (the “Corporation”) and Richard P. Herpich (the “Executive”). 

**WHEREAS**, the Corporation and the Executive entered into that certain Employment Agreement effective as of January 17, 1994, as amended June 30, 1994, December 19,1995, February 18, 1997, December 30, 1997, December 15, 1998, January 4, 2000, December 21, 2000, December 20, 2001, May 13, 2002, July 8, 2002, January 8, 2004,and January 14, 2005 (the “Employment Agreement”); and 

**WHEREAS,** the Corporation and the Executive desire to amendthe Employment Agreement to extend the term of employment under the Employment Agreement. 

**NOW THEREFORE,** in consideration of theabove recitals, the parties hereto agree as set forth below. 

1. Section 1(b) of the Employment Agreement shall be amended to read inits entirety as follows: 

“The Employment Period shall commence as of January 17, 1994 (the “EffectiveDate”) and shall continue until the close of business on December 31, 2009.” 

2. All other terms of the Employment Agreementshall remain in full force and effect. 

3. This instrument, together with the Employment Agreement, contains the entire agreement of theparties with respect to the subject matter hereof. 

 

**IN WITNESS WHEREOF,** the Executive and the Corporation have caused this Agreement to be executed asof the day and year first above written. 

 
VALASSIS COMMUNICATIONS, INC.By: /s/ Barry P. HoffmanName: Barry P. HoffmanTitle: EVP and General Counsel/s/ Richard P. Herpich    Richard P. Herpich
 

2
Order entered August 21, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05

- 13

- 00524

- CV

BRIAN CAYCE BERTRAND , Appellant

V.

JOHN DAVID BERTRAND , ET AL. , Appellee s

On Appeal from the 191st Judicial District Court Dallas County, Te xas Trial Court Cause No. 11

- 15646



### O RDER

We GRANT appellant’s August 19, 2013 motion for an extension of time to file a brief.

Appellant shall file his brief on or before Monday, August 26, 2013.

We DENY appellant’s August 19, 2013 motion to exceed the page limit of his brief.

/s/ DAVID LEWIS JUSTICE
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4644

_____________________________

KARLOS FRANCIS SMITH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

W. Joel Boles, Judge.

October 14, 2019

PER CURIAM.

AFFIRMED.

LEWIS, B.L. THOMAS, and ROWE, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Megan Long, Assistant Public 

Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
SCWC-17-0000385

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I 

________________________________________________________________ 

STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,

vs.

DEWITT LONG, Petitioner/Defendant-Appellant.

________________________________________________________________ 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-17-0000385; CR. NO. 15-1-0840)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, JJ., and 

Circuit Judge Ochiai, in place of Pollack, J., recused,1 and 

Circuit Judge Chang, in place of Wilson, J., recused.)

Petitioner/Defendant-Appellant Dewitt Long’s application

for writ of certiorari filed on June 22, 2020, is hereby 

rejected. 

DATED: Honolulu, Hawai‘i, August 3, 2020. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Sabrina S. McKenna 

/s/ Dean E. Ochiai

/s/ Gary W.B. Chang

1 Justice Pollack retired from the bench on June 30, 2020.

Electronically Filed

Supreme Court

SCWC-17-0000385

03-AUG-2020

08:53 AM
# Materials NotIncluded in Airworthiness Directive (AD) Docket

Docket Number: FAA- 2009-0785 Directorate Identifier: 2009NM125AD
84-27-32, RA--- 1118108 AOM 217B --- 4126107

NamelDescription of Item(s) Not Included in FDMS Docket and Maintained inthe Supplemental AD Docket
MAY BEVIEWED AT: Federal Aviation Administration Transport Airplane Directorate Rules Docket 1601 Lind Ave, SW, Renton, WA 98057 425,227,1221 DURING THE HOURS OF: 9a,m, and 3p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Financial Statements of MSU Corporation and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                       2,604,504
<SECURITIES>                                   390,625
<RECEIVABLES>                                      566
<ALLOWANCES>                                         0
<INVENTORY>                                     39,500
<CURRENT-ASSETS>                             2,815,027
<PP&E>                                         134,959
<DEPRECIATION>                               (159,279)
<TOTAL-ASSETS>                               3,340,611
<CURRENT-LIABILITIES>                      (1,293,758)
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     (253,642)
<OTHER-SE>                                   1,288,211
<TOTAL-LIABILITY-AND-EQUITY>                 3,340,611
<SALES>                                         31,746
<TOTAL-REVENUES>                                31,746
<CGS>                                           53,374
<TOTAL-COSTS>                                3,527,335
<OTHER-EXPENSES>                             6,189,682
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             157,675
<INCOME-PRETAX>                            (3,495,589)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (9,685,271)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,685,271)
<EPS-BASIC>                                   (0.47)
<EPS-DILUTED>                                   (0.47)


</TABLE>
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. 1350

(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Valassis Communications, Inc. (the
Company), does hereby certify, to the best of his knowledge and belief that:

(1) The Quarterly Report on Form
10-Q for the quarter ended March 31, 2010 (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.



|                   |  |  |  |                        
|------------------ |  |  |  | -----------------------
|Dated: May 7, 2010 |  |  |  | /s/ Alan F. Schultz    
|                   |  |  |  | Alan F. Schultz        
|                   |  |  |  | Chief Executive Officer
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1233

    To authorize the President to award the Medal of Honor to James 
  Megellas, formerly of Fond du Lac, Wisconsin, and most recently of 
  Colleyville, Texas, before his death on April 2, 2020, for acts of 
valor on January 28, 1945, during the Battle of the Bulge in World War 
                                  II.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2021

Mr. Grothman (for himself, Mr. Kind, Mr. Gallagher, Ms. Van Duyne, Mr. 
  Steil, Mr. Fitzgerald, Ms. Moore of Wisconsin, Mr. Tiffany, and Mr. 
    Pocan) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
    To authorize the President to award the Medal of Honor to James 
  Megellas, formerly of Fond du Lac, Wisconsin, and most recently of 
  Colleyville, Texas, before his death on April 2, 2020, for acts of 
valor on January 28, 1945, during the Battle of the Bulge in World War 
                                  II.

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

SECTION 1. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JAMES 
              MEGELLAS FOR ACTS OF VALOR DURING BATTLE OF THE BULGE.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 7274 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the President may 
award the Medal of Honor under section 7271 of such title to James 
Megellas, formerly of Fond du Lac, Wisconsin, and most recently of 
Colleyville, Texas, before his death on April 2, 2020, for the acts of 
valor during World War II described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of James Megellas on January 28, 1945, 
in Herresbach, Belgium, during the Battle of the Bulge when, as a first 
lieutenant in the 82nd Airborne Division, he led a surprise and 
devastating attack on a much larger advancing enemy force, killing and 
capturing a large number and causing others to flee, single-handedly 
destroying an attacking German Mark V tank with two hand-held grenades, 
and then leading his men in clearing and seizing Herresbach.
                                 <all>
```
Rafael CHARISTIL, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3380

District Court of Appeal of Florida, Fourth District.

[April 12, 2018]

Rafael Charistil, Bowling Green, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Taylor and Klingensmith, JJ., concur.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1281 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  1st Session
                                H. R. 1281

_______________________________________________________________________

                                 AN ACT

 
 To name the Department of Veterans Affairs community-based outpatient 
   clinic in Gaylord, Michigan, as the ``Navy Corpsman Steve Andrews 
          Department of Veterans Affairs Health Care Clinic''.

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

SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED 
              OUTPATIENT CLINIC, GAYLORD, MICHIGAN.

    The Department of Veterans Affairs community-based outpatient 
clinic located at 2782 S. Otsego Avenue, Gaylord, Michigan, shall after 
the date of the enactment of this Act be known and designated as the 
``Navy Corpsman Steve Andrews Department of Veterans Affairs Health 
Care Clinic''. Any reference to such clinic in any law, regulation, 
map, document, record, or other paper of the United States shall be 
considered to be a reference to the Navy Corpsman Steve Andrews 
Department of Veterans Affairs Health Care Clinic.

            Passed the House of Representatives September 20, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 1281

_______________________________________________________________________

                                 AN ACT

 To name the Department of Veterans Affairs community-based outpatient 
   clinic in Gaylord, Michigan, as the ``Navy Corpsman Steve Andrews 
          Department of Veterans Affairs Health Care Clinic''.
```