alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Arthur DUKES, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-1942

District Court of Appeal of Florida, Fifth District.

Decision filed February 6, 2018 Rehearing Denied March 23, 2018

Arthur Dukes, Crestview, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

ORFINGER, EDWARDS and EISNAUGLE, JJ., concur.
#### Shontay HOUSE; Mary Vega, Plaintiffs-Appellants, v. FEDERAL HOME LOAN MORTGAGE CORPORATION; Brock & Scott, PLLC, Defendants-Appellees.

No. 16-2250

United States Court of Appeals, Fourth Circuit.

Submitted: September 28, 2017

Decided: October 25, 2017

Jeremy Clayton King, Steven F, Johnson II, LANIER, KING *&*PAYSOUR, PLLC, Greenville, North Carolina, for Appellant. Franklin Greene, BROCK & SCOTT, PLLC, Charlotte, North Carolina, for Appellees.

Before GREGORY, Chief Judge, and KING and DIAZ, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Shontay House and Mary Vega appeal from the district court’s January 9, 2015, order granting in part and denying in part the Fed. R. Civ. P. 12(b)(6) motion to dismiss filed by Defendants Federal Home Loan Mortgage Corporation and Brock & Scott, PLLC, and the district court’s September 28, 2016, order granting Defendants’ motion for summary judgment and denying their cross-motion for partial summary judgment in their civil action challenging their ejectment from residential property. House and Vega confine their appeal of the January 9 order to the court’s dismissal of their claim for a violation of North Carolina’s Unfair and Deceptive Trade Practices Act, *see*N.C. Gen. Stat. § 75-1.1, for failure to state a claim. They challenge the September 28 order on the bases that Chapter 42 of North Carolina’s General Statutes provides the exclusive remedy for evicting tenants from residential property and that there is an issue of fact that may entitle them to partial summary judgment.

*260Applying de novo standards of review, *Hall v. DIRECTV, LLC,*846 F.3d 757, 765 (4th Cir. 2017), *petition for cert. filed,*— U.S.L.W.-(U.S. Jun. 5, 2017) (No. 16-1449); *Lawson v. Union Cty. Clerk of Court,*828 F.3d 239, 247 (4th Cir. 2016); *Bauer v. Lynch,*812 F.3d 340, 351 (4th Cir.), *cert. denied,*— U.S.-, 137 S.Ct. 372, 196 L.Ed.2d 290 (2016); *Henson v. Liggett Grp., Inc.,*61 F.3d 270, 274 (4th Cir. 1995), we have reviewed the record and the parties’ briefs and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *House v. Fed. Home Loan Mortg. Corp.,*No. 4:14-cv-00129-D, 2015 WL 135979, 2016 WL 5408099 (E.D.N.C. Jan. 9, 2015 & Sept. 28, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
# Rear Admiral Kristin Acquavella

##                 Director, Logistics, Fleet Supply and Ordnance, N4, U.S. Pacific Fleet            

Rear Adm. Kristin Acquavella is a 1993 graduate of the University of North Carolina at Chapel Hill, where she earned her commission through the Navy Reserve Officers’ Training Corps program and played on four NCAA Championship Women’s Soccer teams. She holds a Master of Science in Management from the Naval Post Graduate School and is a graduate of the University of Pennsylvania Wharton Executive Education Program.

Her operational tours include supply officer, PCU Gerald R. Ford (CVN 78); supply officer, USS Vella Gulf (CG 72); material officer and aviation repairable officer, USS Carl Vinson (CVN 70); supply officer, USS Brunswick (ATS-3); and Multi-National Forces-Iraq contracting officer, Baghdad, Iraq.

Her shore duty assignments include special assistant to the Commander, Naval Supply Systems Command; chief of staff, Logistics Supply Chain Operations, Office of the Chief of Naval Operations, Washington, District of Columbia (D.C.); commander, Defense Logistics Agency Indo-Pacific, Pearl Harbor, Hawaii; division chief, Joint Staff J4, Washington, D.C.; director, Logistics Readiness Center/Current Readiness, U.S. Pacific Fleet, Pearl Harbor, Hawaii; deputy force supply officer and carrier strike group readiness officer, Commander, Naval Air Force Atlantic, Norfolk, Virginia; director, F/A-18 Integrated Weapons Team and Common Systems Integrated Weapons Team, Naval Inventory Control Point, Philadelphia, Pennsylvania; special assistant to the director of Supply Corps Personnel and Career Counselor at Navy Personnel Command, Millington, Tennessee; procurement contracting officer, Naval Sea Systems Command, Washington, D.C.; and aviation support division officer, Naval Air Station Sigonella, Sicily.

Acquavella’s personal awards include the Defense Superior Service Medal, Legion of Merit, Meritorious Service Medal, Joint Service Commendation Medal, Navy Commendation Medal, and Navy Achievement Medal.

She is a qualified Surface Warfare Supply Corps Officer and Naval Aviation Supply Officer and has earned Acquisition Professional Membership. She was a member on the All-Navy Women’s Triathlon Team, All-Navy Women’s Soccer Team and All-Armed Forces Soccer Team. She was the 1997 Commander, Fleet Air Mediterranean Aviation Supply Officer of the Year, a 2002 Vice Admiral Robert F. Batchelder Award winner, and a 2006 Elmer B. Staats Young Acquisition Professional Excellence Award winner.
<PAGE>   1

                                                                      Exhibit 23

                         Consent of Independent Auditors

The Board of Directors
MASSBANK Corp.:

We consent to incorporation by reference in the Registration Statements (No.
33-11949 and No. 33-82110) on Form S-8 of MASSBANK Corp. of our report dated
January 12, 1998, relating to the consolidated balance sheets of MASSBANK Corp.
and subsidiaries as of December 31, 1997 and 1996 and the related consolidated
statements of income, changes in stockholders' equity and cash flows for each of
the years in the three year period ended December 31, 1997, which report appears
in the December 31, 1997 annual report on Form 10-K of MASSBANK Corp.

/s/ KPMG Peat Marwick LLP

Boston Massachusetts
March 26, 1998
Brandon JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2524

District Court of Appeal of Florida, First District.

April 19, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 32.2

                         RULE 13A - 14(B) CERTIFICATION





In connection with the Quarterly  Report of Glacier Water  Services,  Inc., (the
Company)  on Form 10-Q for the  quarter  ended  April 3, 2005 as filed  with the
Securities and Exchange  Commission on the date hereof (the Report), I, W. David
Walters,  Senior Vice  President  and Chief  Financial  Officer of the  Company,
certify,  pursuant to and for the  purposes of 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 of the Company as of the
          dates  indicated  and  results of  operations  of the  Company for the
          periods indicated.


/s/   W. DAVID WALTERS
-------------------------------------------------
W. David Walters
Senior Vice President and Chief Financial Officer
April 29, 2005
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 105 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 105

To amend the Internal Revenue Code of 1986 to make residents of Puerto 
            Rico eligible for the earned income tax credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

Miss Gonzalez-Colon (for herself and Mr. Soto) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to make residents of Puerto 
            Rico eligible for the earned income tax credit.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earned Income Tax Credit Equity for 
Puerto Rico Act of 2021''.

SEC. 2. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED INCOME TAX CREDIT.

    (a) In General.--Section 32 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(n) Residents of Puerto Rico.--
            ``(1) In general.--In the case of residents of Puerto 
        Rico--
                    ``(A) the United States shall be treated as 
                including Puerto Rico for purposes of subsections 
                (c)(1)(A)(ii)(I) and (c)(3)(C),
                    ``(B) subsection (c)(1)(D) shall not apply to 
                nonresident alien individuals who are residents of 
                Puerto Rico, and
                    ``(C) adjusted gross income and gross income shall 
                be computed without regard to section 933 for purposes 
                of subsections (a)(2)(B) and (c)(2)(A)(i).
            ``(2) Limitation.--The credit allowed under this section by 
        reason of this subsection for any taxable year shall not exceed 
        the amount, determined under regulations or other guidance 
        promulgated by the Secretary, that a similarly situated 
        taxpayer would receive if residing in a State.''.
    (b) Child Tax Credit Not Reduced.--Subclause (II) of section 
24(d)(1)(B)(ii) of such Code is amended by inserting before the period 
``(determined without regard to section 32(n) in the case of residents 
of Puerto Rico)''.
    (c) Effective Date.--The amendment made shall apply to taxable 
years beginning after December 31, 2021.
                                 <all>
```
Stuart ALEXANDER, Appellant, v. James F. ALLEN and Hertel Park Associates I, LLC, a New York limited liability company, Appellees.

Case No. 2D17-406

District Court of Appeal of Florida, Second District.

Opinion filed March 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Abraham SIMMONS, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-4123

District Court of Appeal of Florida, Second District.

March 29, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
# Navy Administers One Million Vaccines since the Beginning of the COVID-19 Pandemic

## From ANGELA STEADMAN, U.S. Navy Bureau of Medicine and Surgery 

    “We have a clear path to winning this war, but only if everyone gets vaccinated. Thanks to the scientific research and medical advancements we have made over the past decade – we now have three safe and effective vaccines in our arsenal to protect ourselves, our fellow Sailors and Marines, and our loved ones against a disease which has killed more than 580,000 Americans,” said Rear Adm. Bruce Gillingham, Navy surgeon general, chief, bureau of medicine and surgery.Since the start of the COVID-19 pandemic, Navy Medicine has been at the forefront of the latest scientific research and findings in the fight against this deadly virus and its variants. Scientists, researchers and medical personnel from all over the world have worked tirelessly to ensure the safety and readiness of our Sailors, Marines, DoD civilians and beneficiaries.Similarly to scientific studies and literature, Navy Medicine has seen a 95% effectiveness rate in fully immunized Sailors and Marines, and an 85% effectiveness rate among partially immunized Sailors and Marines since the first vaccines were given in late December 2020.“We are winning,” said Rear Adm. Bruce Gillingham. “The effectiveness numbers for the Covid-19 vaccines are very promising and those who are vaccinated are now able to participate in more and more activities, which is encouraging for a lot of people.”This month, the FDA expanded the emergency use authorization for the Pfizer vaccine to include adolescents 12 to 15 years old. With the release of this guidance, Navy Medicine anticipates an increase in vaccines for beneficiaries over the next several weeks.In addition, last week, the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff released a memorandum reaffirming support for initiatives by local commanders to encourage vaccination acceptance among all service members.As life begins to return to normal for those who are fully vaccinated, Rear Adm. Gillingham cautioned, “Those who have not been fully vaccinated must remain vigilant and continue to follow all applicable Defense guidance, including wearing masks indoors.”Vaccination appointments remain open to all eligible beneficiaries. Those looking to make an appointment are encouraged to make an appointment at their soonest availability through www.tricare.mil/vaccineappointments. Those who have questions and/or concerns about receiving any of the three available vaccines are encouraged to speak with a medical provider.To watch Rear Adm. Gillingham’s latest message on COVID-19, please visit https://youtu.be/X7ApFDiCMvoFor more information on vaccines, please visit https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html
# Third District Court of Appeal State of Florida Opinion filed November 10, 2021. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-1897 Lower Tribunal No. F00-10701

________________ 

### Domonique Smith, Appellant,
vs. 

### The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Domonique Smith, in proper person. Ashley Moody, Attorney General, for appellee. Before EMAS, LINDSEY and GORDO, JJ. PER CURIAM.2

Affirmed. State v. Hackley, 95 So. 3d 92, 94 (Fla. 2012) (“The plain language of the burglary, assault, and PRR statutes leads us to conclude that burglary of a conveyance with an assault is a qualifying PRR offense. Because burglary of a conveyance with an assault is a felony that necessarily involves the ‘threat by word or act to do violence to the person of another,’ it falls within subsection ( o ) of the PRR statute, which covers ‘[a]ny felony that involves the use or threat of physical force or violence against an individual.’” (quoting section 775.082(9)(a)1( o ), Fla. Stat. (2006))).
Theodore GRAYBILL, Appellant/Petitioner(s), v. FLORIDA PAROLE COMMISSION, Appellee/Respondent(s).

CASE NO.: 2D17-4944

District Court of Appeal of Florida, Second District.

January 23, 2018

BY ORDER OF THE COURT:

Petitioner's petition for writ of mandamus is denied without prejudice to his right to file a petition for writ of habeas corpus in the circuit court for the county in which he is incarcerated. See Bush v. State, 945 So. 2d 1207, 1210(Fla. 2006) (explaining that when a prisoner challenges a sentence-reducing credit determination by the Department of Corrections and alleges an entitlement to immediate release the proper remedy is a petition for writ of habeas corpus); Vierra v. State, 980 So. 2d 588, 589 (Fla. 2d DCA 2008) ; Stovall v. Cooper, 860 So. 2d 5, 7 (Fla. 2d DCA 2003).

SILBERMAN, KELLY, and BADALAMENTI, JJ., Concur.
#### MACROPOINT, LLC, Plaintiff-Appellant v. FOURKITES, INC., Defendant-Appellee

2016-1286

United States Court of Appeals, Federal Circuit.

December 8, 2016

Craig E. Countryman, Fish *&*Richardson, PC, San Diego, CA, argued for plaintiff-appellant. Also represented by Jared Alexander Smith; Ahmed Jamal Davis, Washington, DC.

Gary Edward Hood, Polsinelli PC, Chicago, IL, argued for defendant-appellee. Also represented by Mark Thomas Deming, Adam S. Weiss.

(Moore, Reyna, and Taranto, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
Mitchell Ray WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-4295

District Court of Appeal of Florida, Fifth District.

Decision filed January 23, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
#### UNITED STATES of America, Plaintiff-Appellee, v. Carlos Jonathan Quijij FRANCO, Defendant-Appellant.

No. 15-12812 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

Date Filed: 10/27/2016

Michelle Thresher Taylor, Arthur Lee Bentley, III, Christopher Francis Murray, U.S. Attorney’s Office, Tampa, FL.

Carlos Jonathan Quijij Franco, San Diego, CA.

Before TJOFLAT, HULL and WILLIAM PRYOR, Circuit Judges.

PER CURIAM:

Jeffrey G. Brown, appointed counsel for Carlos Franco in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of Franco’s appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Franco’s convictions and sentences are AFFIRMED.
Exhibit
10.51

    

     

    NEPHROS,
INC.

    


    AMENDMENT
NO. 3

    


    TO

    


    NEPHROS,
INC. 2004 STOCK INCENTIVE PLAN

    


    Pursuant
to Section 9.1 of the Nephros, Inc. 2004 Stock Plan (the “Plan”), and in
accordance with the resolutions of the Board of Directors of Nephros, Inc. (the
“Company”) and the approval of the Company’s stockholders on June 25, 2008,
Section 4.2(a) of the Plan is hereby amended and restated as
follows:

    


    
      	
               
      

            	
              “(a)

            	
              Aggregate Plan
      Limit.  The total number of Shares with respect to which
      Awards may be granted is 2,696,976 Shares.  Such amount may be
      adjusted under paragraph (e) below.  To the extent that a SAR or
      Phantom Stock Unit does not provide for the issuance of Shares, there is
      no limit on the number of shares with respect to which such SARs or
      Phantom Stock Units may be
granted.”
EXHIBIT 32.1



CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER OF

CRESCENT BANKING COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906
OF THE SARBANES-OXLEY ACT OF 2002



In connection with the
Quarterly Report of Crescent Banking Company (the Company) on Form 10-Q for the period ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Donald Boggus, Jr., Chief
Executive Officer of the Company, do hereby 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; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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



| |  |  |  |                              |  |                                                                            
| |  |  |  | ---------------------------- |  | ---------------------------------------------------------------------------
| |  | 
| |  |  |  | /s/    J. DONALD BOGGUS, JR.
| |  |  |  |                              |  | J. Donald Boggus, Jr. President and Chief Executive Officer August 16, 2004
SERVED: March 19, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

THOMAS BRAY 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013-0621 

NOTICE OF HEARING DATES 

NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and considered 

on May 30,2014, in Courtroom 406 [U.S. Tax Court], Sandra Day O'Connor Courthouse, 

401 West Washington Street, Phoenix, AZ 85003. Hearings will commence at 9:00a.m. 

and conclude at 4:30p.m. each day. The parties should vacate the courthouse on or before 

5:00p.m. each day. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Lisa J. Toscano, Complainant's Counsel 

Attorney, Office of Regional Counsel, A WP-7 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7110 

FACK: 310-725-6816 

Thomas H. Bray, Respondent 

30382 U.S. Highway 60-89, #11 

Wickenburg, AZ 85390 

TEL: 901-226-0142 

E-MAIL: multigrainscpt@msn.com 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAC(: 202-366-7536 

FDMS No. FAA-2013-0621 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W.,Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

2