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

FOR THE FIFTH CIRCUIT

No. 10-40008

Summary Calendar

VERNON KING, JR.,

Plaintiff-Appellant

v.

RICH N. STEVEN; BRENDA A. CHANEY; SHARON D. ALLEN; GENE A.

KROLL; CORDIE A. THOMAS, JR.; KEITH E. GORSUCH,

Defendants-Appellees

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:09-CV-972

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:

*

Vernon King. Jr., Texas prisoner # 590316, moves this court for

authorization to proceed in forma pauperis (IFP) following the district court’s

dismissal of his 42 U.S.C. § 1983 complaint under the three-strikes provision of

28 U.S.C. § 1915(g). Under § 1915(g), a prisoner may not proceed IFP in a civil

action or in an appeal of a judgment in a civil action if the prisoner has, on three

or more prior occasions, while incarcerated, brought an action or appeal that was

United States Court of Appeals

Fifth Circuit

F I L E D

June 21, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

Case: 10-40008 Document: 00511147793 Page: 1 Date Filed: 06/21/2010
No. 10-40008

dismissed as frivolous or for failure to state a claim, unless the prisoner is under

imminent danger of serious physical injury. § 1915(g). The determination

whether a prisoner is under “imminent danger” must be made at the time the

prisoner seeks to file his suit in district court or to proceed with his appeal, or

when he files a motion to proceed IFP. Banos v. O’Guin, 144 F.3d 883, 885 (5th

Cir. 1998).

King’s allegations warrant a determination that he is under imminent

danger of serious physical injury. Accordingly, King’s motion for leave to

proceed IFP is granted. We vacate the judgment and remand the case to the

district court for further proceedings consistent with this opinion. No further

briefing is required. See Clark v. Williams, 693 F.2d 381, 382 (5th Cir. 1982).

IFP GRANTED; VACATED AND REMANDED.

2

Case: 10-40008 Document: 00511147793 Page: 2 Date Filed: 06/21/2010
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<CIK> 0000882974
<NAME> CHESTNUT REAL ESTATE PARTNERSHIP
       
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<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000883474
<NAME>                        ENEX OIL & GAS INCOME PROGRAM VI - SERIES 1, L.P.
       
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</TABLE>
# James M. Honea

##                 Master Chief Petty Officer of the Navy            

Master Chief Petty Officer of the Navy, James Honea, a native of Lubbock, Texas, comes from a military family, son of a retired Air Force Major, he began his military career in 1987, when he enlisted in the U.S. Navy. Upon completion of basic training at Recruit Training Command, San Diego, California he reported to his first command aboard the USS John A. Moore (FFG 19) where he was rated as a Boatswain’s Mate. He rose through the ranks serving aboard USS Juneau (LPD 10), USS Dubuque (LPD 8), and USS Bonhomme Richard (LHD 6). In 2006 he was promoted to master chief and in 2009, he was selected to serve as a command master chief and completed tours aboard the USS Gridley (DDG 101) and later on USS New Orleans (LPD 18).

His shore assignments include Navy Reserve Readiness Command Oklahoma City, Oklahoma, U.S. Naval Academy, Annapolis, Maryland and Commander, Navy Region Southwest, San Diego, California. He also completed an individual augmentee (IA) assignment as a command master chief, U.S. Navy Embedded Training Teams, Combined Joint Task Force Phoenix, deploying to Afghanistan. He served as the command master chief at Naval Support Activity South Potomac as well as command master chief, U.S. Naval Forces Korea, U.S. Naval Forces Central Command, U.S. Fifth Fleet. As a fleet master chief, he completed tours at U.S. Pacific Fleet and at U.S. Indo-Pacific Command as the Command Senior Enlisted Leader.

His personal awards include the Defense Superior Service Medal, Legion of Merit Medal (two awards), Meritorious Service Medal (five awards), Navy and Marine Corps Commendation Medal (three awards), and Navy and Marine Corps Achievement Medal (four awards) as well as numerous unit, campaign awards. He's a graduate of the U.S. Air Force Senior Non-Commissioned Officer Academy, Command Master Chief Course and Senior Enlisted JPME Keystone Course from National Defense University.

He assumed the duties as the 16th Master Chief Petty Officer of the Navy on September 8, 2022.
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

DISH NETWORK L.L.C., DISH TECHNOLOGIES 

L.L.C., SLING TV L.L.C.,

Appellants

v.

SOUND VIEW INNOVATIONS, LLC,

Appellee

______________________ 

2022-1627

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2020-

01276.

______________________ 

JUDGMENT

______________________ 

ELIOT DAMON WILLIAMS, Baker Botts LLP, Washington, DC, argued for appellants. Also represented by 

THOMAS B. CARTER, JR., ALI DHANANI, LORI DING, Houston, 

TX; GEORGE HOPKINS GUY, III, Palo Alto, CA. 

 PARHAM HENDIFAR, Lowenstein & Weatherwax LLP, 

Santa Monica, CA, argued for appellee. Also represented 

by NATHAN NOBU LOWENSTEIN, KENNETH J. WEATHERWAX. 

 ______________________ 

Case: 22-1627 Document: 41 Page: 1 Filed: 10/05/2023
THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (REYNA, HUGHES, and STARK, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

October 5, 2023

Date

Case: 22-1627 Document: 41 Page: 2 Filed: 10/05/2023
<PAGE>
                                                                    Exhibit 23.5


                        CONSENT OF INDEPENDENT AUDITORS


         We consent to the incorporation by reference in the Registration
Statements on Form S-8 No. 33-42259 pertaining to the CytRx Corporation 1986
Stock Option Plan, No. 33-93816 pertaining to the CytRx Corporation 1994 Stock
Option Plan, No. 33-93818 pertaining to the CytRx Corporation 1995 Stock Option
Plan, No. 333-84657 pertaining to the CytRx Corporation 1998 Long Term
Incentive Plan and No. 333-68200 pertaining to the CytRx Corporation 2000 Long
Term Incentive Plan, and No. 333-91068 and No. 333-93305 pertaining to the
CytRx Corporation Employee Benefit Plan of our report dated March 5, 2003, with
respect to the financial statements of Blizzard Genomics, Inc. included in the
CytRx Corporation Annual Report (Form 10-K) for the year ended December 31,
2003.

                                                       /s/ Ernst & Young LLP


Atlanta, Georgia
May 10, 2004
EXHIBIT 32.2





CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of 10-K of Maydao Corporation, (the “Company”) on 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission (the “Report”), I, Paul Roszel President, and Chief Executive 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; and





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








November 2 , 2010
/s/ Richard R. IvanovickRichard R. IvanovickChief Financial Officer
Clifton MOTHERSHED, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D15-4752

District Court of Appeal of Florida, Second District.

March 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Kenneth REESE, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4842

District Court of Appeal of Florida, First District.

April 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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<FN>
<F1>THIS INFORMATION IS NOT DISCLOSED IN THE FORM 10-Q.
</FN>


</TABLE>
Exhibit










EXHIBIT 10.9(b)


AGREEMENT




This Agreement, entered into effective as of December 12, 2018, is by and between EOG Resources, Inc., a Delaware corporation (“Employer”), and David W. Trice (“Employee”).


WHEREAS, Employer and Employee have entered into that certain Change of Control Agreement, effective as of September 4, 2013 (the "Change of Control Agreement"); and


WHEREAS, Employer and Employee now desire to terminate the Change of Control Agreement;


NOW, THEREFORE, in consideration of the premises and in consideration of other good and valuable consideration, the adequacy, sufficiency and receipt of which are hereby acknowledged, Employer and Employee hereby agree that the Change of Control Agreement is hereby terminated effective as of the date first set forth above.


This Agreement shall be governed in all respects by the laws of the State of Texas, excluding any conflict-of-law rule or principle that might refer the construction of this Agreement to the laws of another State or country.


IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first set forth above.




EOG RESOURCES, INC.




By:     /s/ Patricia L. Edwards
Name:    Patricia L. Edwards
Title:    Senior Vice President and 
Chief Human Resources Officer


DAVID W. TRICE




/s/ David W. Trice
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</TABLE>
exv10w5






Exhibit 10.5




March 31, 2009




Mr. Kevin Kelly




                    Re: Amendment of Employment Agreement


Dear Kevin:




     This letter will constitute an amendment to your employment agreement with us dated October
16, 2008, effective as of the date that you sign below. These amendments are:




	 	•	 	Your base salary shall be $230,000 per year effective as of January 1, 2009,
payable in accordance with our current payroll practices. You shall receive a lumpsum
of $9,500 (subject to normal tax withholding) as part of your salary for the next pay
period after the effective date of this letter representing the balance of your base
salary owed to you retroactive to January 1 from the date hereof.
	 
	 	•	 	We will grant you a new option to acquire 100,000 shares of our common stock,
which options shall vest as to 25% of the shares on each of the first four anniversary
dates after the date of the new grant, beginning on the first anniversary thereof. The
exercise price for the new option grants will be $0.66 per share. The term of the new
options is ten years from the date of grant and the new options will be issued in
accordance with the terms and conditions of our Amended and Restated 2005 Incentive
Plan, as amended.
	 
	 	•	 	Under Section 5(a) of your employment agreement, in the event of a termination
of your employment by us without Cause (as defined in your employment agreement), we
shall, provided that you elect COBRA within the time period required by law, reimburse
your payment of your COBRA premiums through (i) the one year anniversary of your
termination or (ii) until you are eligible to participate in the health insurance plan
of another employer, whichever is sooner.
	 
	 	•	 	Under Section 5(b) of your employment agreement, it will not be deemed a
relocation of your office if you are required to make periodic trips to China as part
of your duties and responsibilities.
	 
	 	•	 	Under Section 6 of your employment agreement, in the event of a termination by
you of your employment within 60 days of a Change of Control (as defined in your
employment agreement), provided that you elect COBRA within the time period required by
law, we shall reimburse your payment of your COBRA premiums through (i) the one year
anniversary of your termination or (ii) until you are eligible to participate in the
health insurance plan of another employer, whichever is sooner.




















 











     This letter does not affect any other terms of your employment agreement. Each party
acknowledges and agrees that they will work toward an amendment and restatement of your employment
agreement to more completely reflect these amendments and any other changes which the parties deem
necessary. If you have any questions regarding this matter, please let us know.



	 	 	 	 	 
	 	SYNTHESIS ENERGY SYSTEMS, INC.

 	 
	 	/s/ Robert Rigdon
 	 
	 	Robert Rigdon 	 
	 	President and Chief Executive Officer 	 
	 



	 	 	 	 	 
	ACKNOWLEDGED AND AGREED

as of March 31, 2009

 	 	 
	/s/ Kevin Kelly
 	 	 
	Kevin Kelly
Ikeem Alonzo TAYLOR, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-1647

District Court of Appeal of Florida, Second District.

Opinion filed February 14, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Jose Eduardo DODDS and Josefa A. Dodds, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as Legal Title Trustee FOR PROF-2013-S3 LEGAL TITLE TRUST, Appellee.

No. 4D17-1087

District Court of Appeal of Florida, Fourth District.

[March 29, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
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