alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jason HENDRIX, Plaintiff-Appellant v. LLOYD ASCHBERGER, P.A.; Jackie Ashcraft, L.V.N.; K. Johnson, L.V.N./C.I.D.; Robert Dalecki, Regional Operations Manager; K. Palombo, Holliday Unit Grievance Investigator, et al., Defendants-Appellees

No. 16-20156 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed May 3, 2017

Jason Hendrix, Pro Se

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: *

Jason Hendrix, Texas prisoner # 1838519, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915A(b)(l). He also moves for appointment of counsel. In his complaint, Hendrix alleged that the defendants acted with deliberate indifference to his serious medical needs. He asserts that he suffers from Hepatitis C and neck and spinal injuries. Although Hendrix admitted that he has seen prison medical staff repeatedly, he argued that the defendants refused to refer him to specialists, failed to provide him with medications that could cure his Hepatitis C, and provided him with ineffective pain medications.

Prison officials violate the Eighth Amendment’s prohibition against cruel and unusual punishment when they are deliberately indifferent to a prisoner’s serious medical needs. *Estelle v. Gamble,*429 U.S. 97, 104-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). To prevail on such a claim, the prisoner must show that the defendants “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any serious medical.needs.” *Domino v. Texas Dep’t of Criminal Justice,*239 F.3d 752, 756 (5th Cir. 2001) (internal quotation marks and citation omitted). Acts of negligence, medical malpractice, or disagreements about medical treatment generally are insufficient to establish a constitutional violation. *Gobert v, Caldwell,*463 F.3d 339, 346 (5th Cir. 2006). Hendrix’s arguments regarding his medical care amount to a disagreement with the treatment provided and are insufficient to show a constitutional violation. *See id.*Accordingly, the dismissal of Hendrix’s § 1983 complaint is *251AFFIRMED. His motion for appointment of counsel is DENIED.

The district court’s dismissal of Hendrix’s § 1983 complaint as frivolous counts as a strike under § 1915(g). *See Coleman v. Tollefson,*— U.S. -, 135 S.Ct. 1759, 1761, 191 L.Ed.2d 803 (2015); *Adepegba v. Hammons,*103 F.3d 383, 387 (5th Cir. 1996). Hendrix is WARNED that if he accumulates three strikes, he mil not be allowed to proceed IFP in any civil action or appeal unless he is “under imminent danger of serious physical injury.” § 1915(g).

*

 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.
June 23, 1999

To the Board of Directors
of ESC Medical Systems Ltd.

Gentlemen:

      Effective upon your adoption of the resolutions attached hereto as
Annex A, we hereby agree on behalf of ourselves and our affiliates that
immediately following the certification of the vote by CT Corporation of
the combined extraordinary and annual general meeting, we will support and
take all necessary actions within our power to effect the prompt election
to the Board of the directors on the reconstituted Board (the
"Reconstituted Board"), as contemplated by the attached resolutions, who
were not elected at such meeting, it being understood that there will be no
obligation to thereafter continue to support such nominations by Messrs.
Genger, Gottstein or the current Board.

      We and our affiliates agree to waive any claims we or our affiliates
may have against any existing directors with respect to the proxy contests.
As of today we are not aware of any
other claims we have against the current Board of Directors.

      We further agree to jointly issue the press release attached hereto
as Annex B.

      Our agreements are expressly conditioned on the resignation of Shimon
Eckhouse as President and Chief Executive Officer of the Company and Karen
Sarid and Hillel Bachrach as directors pursuant to executed resignation
letters attached hereto as Annex C and the receipt of the certification as
to the adoption of the resolutions from Gene Kleinhendler, counsel to the
Company.

      We and our affiliates will vote all shares controlled by us and our
affiliates in favor of a shareholder resolution for indemnification of
current directors for certain litigation, as specified in Annex D hereto.

      We agree not to challenge the proxies of ESC and authorize CT
Corporation to certify the vote on all three matters and the adjournment
resolution presented at the June 23, 1999 meeting.

      This agreement will expire if the resolutions as attached as Annex A
are not adopted by the Board by 11:59 p.m., New York City time, on June 23,
1999.

Sincerely,

          /s/ Arie Genger                      /s/ Barnard J. Gottstein
          On behalf of himself                 On behalf of himself
          and his affiliates, all as           and his affiliates, all as
          identified in his Schedule 13Ds      identified in his Schedule 13Ds
          filed with the Securities and        filed with the Securities and
          Exchange Commission                  Exchange Commission
<TABLE> <S> <C>



<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             226
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 5,264
<PP&E>                                         554,952
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 560,216
<CURRENT-LIABILITIES>                          295,905
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,648
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   560,216
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   24,901
<OTHER-EXPENSES>                                    55
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (24,956)
<INCOME-TAX>                                   (24,956)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (24,956)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
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 Annual Report of Asian Financial, Inc. on Form 10-K for
      the
      fiscal year ended June 30, 2008, as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), we, the undersigned officers of
      Asian Financial, Inc., certify, pursuant to 18 U.S.C. §1350, as adopted pursuant
      to §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, as amended; and




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




September
      26, 2008


By:
            /s/ Wenhua
              GuoWenhua
              GuoChairman
              and Chief Executive Officer




By:
            /s/ Baiyun
              SunBaiyun
              SunInterim
              Chief Financial Officer and
              Controller
<PAGE>

                                                                  EXHIBIT - 32.1


                                  MOSSIMO, INC.

                            CERTIFICATION PURSUANT TO
                               SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Mossimo, Inc. (the Company) on Form
10-Q for the period ended June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I Mossimo Giannulli,
Chairman and 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 fully complies with the requirements of Section 13(a)
              or 15(d) of the Securities and Exchange Act of 1934; and

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


/s/ Mossimo Giannulli
    ------------------------------------
    Mossimo Giannulli
    Chairman and Chief Executive Officer
    August 13, 2003
#### Walter M. Goldsmith et al., Respondents, *v.*T. & G. Assets Realization Corp., Appellant.

Argued April 12, 1943;

decided May 27, 1943.

*785
      *Herman A. Benjamin, Chauncey E. Treadwell*and *William Biel*for appellant.

*Osmond K. Fraenkel, Arnold J. Brock*and *Charles H. Levitt*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Finch, J.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         OCT-02-1999
<PERIOD-START>                            OCT-04-1998
<PERIOD-END>                              JAN-02-1999
<CASH>                                         15,716
<SECURITIES>                                        0
<RECEIVABLES>                                 181,145
<ALLOWANCES>                                        0 
<INVENTORY>                                   183,743 
<CURRENT-ASSETS>                              411,774
<PP&E>                                        519,044
<DEPRECIATION>                                108,817
<TOTAL-ASSETS>                              1,020,042
<CURRENT-LIABILITIES>                         131,664   
<BONDS>                                       298,624
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          122
<OTHER-SE>                                     39,019
<TOTAL-LIABILITY-AND-EQUITY>                1,020,042
<SALES>                                       246,035   
<TOTAL-REVENUES>                              246,035  
<CGS>                                         218,171 
<TOTAL-COSTS>                                 218,171
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             14,956
<INCOME-PRETAX>                                 3,492
<INCOME-TAX>                                    1,250
<INCOME-CONTINUING>                             2,242
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    2,242
<EPS-PRIMARY>                                    0.19
<EPS-DILUTED>                                    0.19
        


</TABLE>
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30614 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FRANCISCO RENE FLORES, also known as Francisco Flores, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisana

USDC No. 00-CR-351-ALL

- - - - - - - - - - December 11, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM: * Francisco Rene Flores appeals his guilty plea conviction for illegally reentering into the United States following deportation after the commission of an aggravated felony. Flores contends that his guilty plea should be vacated because the district court violated Fed. R. Crim. P. 11(c)(3) by omitting the word “jury” when admonishing Flores of his right to a trial. We have reviewed the record and the briefs submitted by the parties and hold that, because the district court’s omission did not affect Flores’ substantial rights, the error was harmless.No. 01-30614 -2- United States v. Johnson , 1 F.3d 296, 298 (5th Cir. 1993)(en banc); United States v. Caston , 615 F.2d 1111, 1114-16 (5th Cir. 1980). AFFIRMED.
#### Lydia M. MARTIN, Plaintiff-Appellant, v. ARKANSAS DEPARTMENT OF HEALTH, Defendant-Appellee.

No. 16-3918

United States Court of Appeals, Eighth Circuit.

Submitted: July 7, 2017

Filed: July 25, 2017

Lydia M. Martin, Pro Se

Reginald Adolph Rogers, Arkansas Department of Health, Little Rock, AR, for Defendant-Appellee

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

PER CURIAM.

Lydia M. Martin appeals district court1 orders dismissing some claims for failure to state a claim, and granting summary judgment to defendant on her remaining claim, in her employment-discrimination action against the Arkansas Department of *482Health (ADH). After de novo review of the issues that Martin raises, as we understand them, we find no basis for overturning the entry of judgment in ADH’s favor. The judgment of the district court is therefore affirmed. *See*8th Cir. R. 47B.

1

. The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas.
**Part I, Section B, Item C -**  **ID Method T**  **- C5072P**
#### The People of the State of New York, Respondent, v Desmond Browne, Appellant.

[770 NYS2d 625]

Judgment, Supreme Court, Bronx County (Martin Marcus, J, *449at hearing; Troy Webber, J., at plea and sentence), rendered September 10, 2002, convicting defendant of robbery in the first degree, and sentencing him to a term of five years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal encompassed . the hearing court’s suppression ruling *(see People v Kemp,*94 NY2d 831 [1999]). Accordingly, review of that issue is foreclosed. In any event, were we to find that the waiver did not foreclose review, we would reject defendant’s suppression claims. Concur—Tom, J.P., Andrias, Lerner, Friedman and Marlow, JJ.
Exhibit
23








Consent of Independent
Registered Public Accounting Firm
 
 
 
 Pennsylvania
Commerce Bancorp, Inc. and Subsidiaries
 Harrisburg,
Pennsylvania
 
 We hereby
consent to the incorporation by reference in the Registration Statements on Form
S-3 (No. 333-87329) and Form S-8 (No. 333-82085, No. 333-82083, No. 333-87313,
No. 333-61634, No. 333-61636, No. 333-122490, No. 333-128382, No. 333-155931 and
No. 333-155930) of Pennsylvania Commerce Bancorp, Inc. of our reports dated
March 16, 2009, relating to the consolidated financial statements and the
effectiveness of Pennsylvania Commerce Bancorp, Inc.’s internal control over
financial reporting, which appear in the Annual Report to Shareholders, which is
incorporated by reference in this Annual Report on Form 10-K.
 
 
 /s/ Beard Miller Company
LLP
 
 
 Beard
Miller Company LLP
 Harrisburg,
Pennsylvania
 March 16,
2009
<PAGE>

                                                                    Exhibit 99.1

      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

I, James R. Lavelle, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge, Cotelligent, Inc.'s Quarterly Report on Form 10-Q for the period
ended September 30, 2002 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects
the financial condition and results of operations of Cotelligent, Inc.


Date: January 6, 2003          By: /s/ James R. Lavelle
                               -------------------------------------------------
                               James R. Lavelle
                               Chairman of the Board and Chief Executive Officer
Re: HPV-3 Chemical - CAS RN 98-56-6; PCBTF Testing Consortium Request 

Paul Campanella to: John V. Massingale 02/09/2012 10:02 AM

Cc: John Schaeffer

From: Paul Campanella/DC/USEPA/US

To: "John V. Massingale" <john@grcci.com>

Cc: John Schaeffer/DC/USEPA/US@EPA

John, We have reviewed your request to modify the protocols to be used in conducting tests on CASRN 

98-56-6. Substitution of the following protocols are acceptable to EPA:

 Ready Biodegradation [ OECD 301 D] 

Aquatic Testing: Toxicity to plants(algae) [OECD 201]

Paul J. Campanella, Ph.D.

Chemical Information and Testing Branch

Chemical Control Division

U.S. Environmental Protection Agency

Washington, D.C. 

202-564-8091

"John V. Massingale" ***This E-mail Contains No CBI*** Paul, 01/31/2012 11:05:04 AM

From: "John V. Massingale" <john@grcci.com>

To: Paul Campanella/DC/USEPA/US@EPA

Date: 01/31/2012 11:05 AM

Subject: HPV-3 Chemical - CAS RN 98-56-6; PCBTF Testing Consortium Request

***This E-mail Contains No CBI***

Paul,

Attached is a letter on behalf of the PCBTF Testing Consortium for the

following HPV Group 3 chemical:

Benzene, 1-chloro-4-(trifluoromethyl)-

CAS RN 98-56-6

(para-Chlorobenzotrifluoride (PCBTF))

This letter requests the use of OECD test guidelines for the two required

studies on PCBTF. This letter has also been sent to the TSCA Docket. 

Thank you for your consideration. 

John

_______________________________

John V. Massingale

Greenwich Chemical Consulting, Inc.

3300 PGA Boulevard, Suite 635

Palm Beach Gardens, FL 33410

T 561.578.8110
F 561.578.8120

E john@grcci.com

www.grcci.com

EPA-Letter-PCBTF-January 2012-Final.pdf
---

Exhibit 10.92





CHROMCRAFT REVINGTON, INC.


1330 Win Hentschel Boulevard, Suite 250


West Lafayette, Indiana 47906




March 25, 2011








[Name]


[Title]


Chromcraft Revington, Inc.


1330 Win Hentschel Boulevard, Suite 250


West Lafayette, Indiana 47906





Dear __________:





RE:           Incentive Compensation Award Opportunities for 2011





We are pleased to inform you that Chromcraft Revington, Inc. (Company) has awarded you performance share and short-term cash bonus opportunities under the Company’s 2007 Executive Incentive Plan (Plan) for the performance period beginning on January 1, 2011 and ending on December 31, 2011.





The performance measures, performance targets, award rates and other terms and conditions of these award opportunities are set forth in the attachment to this letter and in the Plan and, with respect to your performance share award opportunity, in the award agreement that you are required to sign.





This letter is not an agreement, understanding or commitment of the Company to continue your employment, {select applicable clause} [and your employment by the Company will continue to be subject to the existing written employment agreement between the Company and you] [and your employment by the Company will continue to be as an employee-at-will].




We look forward to your involvement in achieving the Company’s goals for 2011.




Very truly yours,John D. SwiftChairman of the Compensation Committee
Order entered August 21, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-00369-CV

MANEESE WALL, Appellant

V.

PHILLIP M. ORR, JR., TRUSTEE OF THE ORR FAMILY TRUST, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-03307-2010

ORDER

Before the Court is appellant’s motion for extension of time to file her motion for 

rehearing. We GRANT the motion. Appellant’s motion for rehearing received August 15, 2013 

is deemed timely filed.

/s/ JIM MOSELEY 

JUSTICE
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-389-CV

IN RE BUFORD SCOTT JR. RELATOR

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

ORIGINAL PROCEEDING

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and motion

for emergency stay and is of the opinion that relief should be denied. Accordingly,

relator’s petition for writ of mandamus and motion for emergency stay are denied.

Relator shall pay all costs of this original proceeding, for which let execution

issue.

BOB MCCOY

JUSTICE

PANEL: MCCOY, LIVINGSTON, and MEIER, JJ.

MEIER, J. would grant.

DELIVERED: March 15, 2010

1 See Tex. R. App. P. 47.4.