alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Miguel SANTACRUZ-ALVAREZ, Defendant-Appellant

No. 16-41435 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 18, 2017

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Miguel Santacruz-Alvarez, Pro Se

Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Miguel Santacruz-Alvarez has *829moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Santacruz-Alvarez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *829published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
First Union National Bank
NC1075
Structured Products Servicing
8739 Research Drive, URP4
Charlotte, NC  28288-1075

OFFICER'S CERTIFICATE

Reference is hereby made to that certain  Pooling and Servicing  Agreement dated
as of June 1, 1999, by and among  Structured  Asset  Securities  Corporation  as
Depositor,  First  Union  National  Bank as  Master  Servicer,  GMAC  Commercial
Mortgage Corporation as Special Servicer,  and Norwest Bank Minnesota,  National
Association  as  Trustee,  with  respect  to  Commercial  Mortgage  Pass-Through
Certificates,  Series 1999-C1 (the  "Agreement").  Capitalized terms used herein
not otherwise defined shall have the meanings assigned in the Agreement.

Pursuant  to Section  3.13 of this  Agreement,  Timothy  S. Ryan and  Timothy E.
Steward, Vice Presidents of the Master Servicer, do hereby certify that:

1.   A review of the  activities of the Master  Servicer  during the period from
     June 10,  1999  through  December  31,  1999 and of  performance  under the
     Agreement during such period has been made under our supervision; and


2.   To the best of our knowledge, based on such review, the Master Servicer has
     fulfilled all its obligations  under the Agreement in all material respects
     throughout the period June 10, 1999 through December 31, 1999; and


3.   The Master  Servicer has  received no notice  regarding  qualification,  or
     challenging the status of any portion of the Trust Fund as a REMIC from the
     Internal Revenue Service or any other governmental agency or body.


IN WITNESS  WHEREOF,  the undersigned  have executed this  Certificate as of the
10th day of March, 2000.


Timothy S. Ryan, Vice President
First Union National Bank

Timothy E. Steward, Vice President
First Union National Bank
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0718V

UNPUBLISHED

FRANK POLETO,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 15, 2021

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.

Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On June 15, 2020, Frank Poleto filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). Petitioner alleges that he suffered from Guillain-Barre Syndrome (“GBS”) 

as a result of an influenza (“flu”) vaccine received on January 5, 2019. Petition at 1. The 

case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 15, 2021, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, Respondent agrees that “petitioner suffered from GBS, and that he has 

satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the 

Qualifications and Aids to Interpretation (“QAI”) which afford him a presumption of vaccine 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

causation if the onset of GBS occurs between three and forty-two days after a seasonal 

flu vaccination and there is no more likely alternative diagnosis and no apparent 

alternative cause.” Id. at 5. 

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
#### Tyrone HURT, Plaintiff-Appellant, v. NATIONAL MUSEUM OF AFRICAN-AMERICAN HISTORY AND CULTURE; Smithsonian, Defendants-Appellees.

No. 17-1716

United States Court of Appeals, Fourth Circuit.

Submitted: August 7, 2017

Decided: August 17, 2017

Tyrone Hurt, Appellant Pro Se.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions'are not binding precedent in this circuit.

PER CURIAM:

Tyrone Hurt appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint under 28 U.S.C. § 1915(e)(2)(B) (2012). We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. *Hurt v. Nat’l Museum of African-Am. History and Culture,*No. 5:17-cv-00097-H (E.D.N.C. May 30, 2017). 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.

*DISMISSED*