alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jeffrey REUTER Plaintiff-Appellant v. John N. BORBONUS; St. Louis County, Missouri; State of Missouri Defendants-Appellees

No. 17-2108

United States Court of Appeals, Eighth Circuit.

Submitted: January 22, 2018

Filed: January 25, 2018

Jeffrey Reuter, Pro Se

Denise Garrison McElvein, Assistant Attorney General, Attorney General’s Office, Saint Louis, MO, for Defendants-Appellees John N. Borbonus, State of Missouri

Michael Edward Hughes, Saint Louis, MO, Lacey McCauley Smith, St. Louis County Counselor’s Office, Saint Louis, MO, for Defendant-Appellee St. Louis County, Missouri

Before BENTON, MURPHY, and ERICKSON, Circuit Judges.

PER CURIAM.

Jeffrey Reuter appeals following the dis*427trict court’s1 dismissal of his pro se 42 U.S.C. § 1983 complaint, in which he named as defendants a state court judge, St. Louis County, Missouri, and the State of Missouri.

Upon careful review, we conclude that the dismissal was proper, as Judge Borbo-nus and the State were immune from suit, and the complaint did not identify an unconstitutional County custom or policy. See Mireles v. Waco, 502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam) (discussing absolute judicial immunity); Monroe v. Ark. State Univ., 495 F.3d 591, 594 (8th Cir. 2007) (Eleventh Amendment bars suits for any kind of relief against states); see also Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (municipal liability under § 1983 requires constitutional violation committed pursuant to official government custom or policy). We find the district court also properly denied Reuter’s motion to amend the complaint, and did not abuse its discretion in denying his motions for relief under Federal Rule of Civil Procedure 59, See Geier v. Mo. Ethics Comm’n, 715 F.3d 674, 678 (8th Cir. 2013) (district court may deny leave to amend complaint if amendment would be futile); United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006) (standard of review for denial of Rule 59(e) motions).

Accordingly, we affirm the judgment. See 8th Cir. R. 47B.

1

. The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
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QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<INTEREST-EXPENSE>                                        680
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<INCOME-TAX>                                            2,740
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No. 11-1322.

#### Samica Enterprises LLC et al. *v.*Mail Boxes Etc., Inc., et al.

C. A. 9th Cir. Certiorari denied.
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 88

Congratulating the Government and the people of the Republic of El Salvador

on successfully completing free and democratic elections on March 16, 1997.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 1997

Mr. BALLENGER submitted the following concurrent resolution; which was

referred to the Committee on Intenational Relations

CONCURRENT RESOLUTION

Congratulating the Government and the people of the Republic of El Salvador on successfully completing free and

democratic elections on March 16, 1997.

Whereas on March 16, 1997, the Republic of El Salvador

successfully completed democratic, multiparty elections

for 84 national legislative assembly seats and 262 mayoral and municipal council posts;

Whereas these elections were deemed by international and domestic observers to be free and fair and a legitimate nonviolent expression of the will of the people of the Republic

of El Salvador;

Whereas the United States has consistently supported the efforts of the people of El Salvador to consolidate their democracy and to implement the provisions of the 1992

peace accords;
2

•HCON 88 IH

Whereas these elections demonstrate the strength and diversity of El Salvador’s democratic expression and promotes

confidence that all political parties can work cooperatively

in the new assembly and at the municipal level; and

Whereas these open, fair, and democratic elections of the new

assembly and at the municipal level should be broadly

commended: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) congratulates the Government and the peo4 ple of the Republic of El Salvador for the successful

5 completion of democratic, multiparty elections held

6 on March 16, 1997, for 84 national legislative as7 sembly seats and 262 mayoral and municipal council

8 posts;

9 (2) congratulates El Salvadoran President

10 Armando Caldero ́n Sol for his personal commitment

11 to democracy, which has helped in the building of

12 national unity in the Republic of El Salvador;

13 (3) commends all Salvadorans for their efforts

14 to work together to take risks for democracy and to

15 willfully pursue national reconciliation in order to ce16 ment a lasting peace and democratic traditions in El

17 Salvador;

18 (4) supports Salvadoran attempts to continue

19 their cooperation in order to ensure democracy, na20 tional reconciliation, and economic prosperity; and
3

•HCON 88 IH

1 (5) reaffirms that the United States is un2 equivocally committed to encouraging democracy and

3 peaceful development throughout Central America.

Æ
105TH CONGRESS

2D SESSION H. J. RES. 137

JOINT RESOLUTION

Making further continuing appropriations for the

fiscal year 1999, and for other purposes.
105TH CONGRESS

2D SESSION H. J. RES. 137

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

1999, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That section 106(c) of Public Law 105–240 is further
2

•HJ 137 EH

1 amended by striking ‘‘October 20, 1998’’ and inserting in

2 lieu thereof ‘‘October 21, 1998’’.

Passed the House of Representatives October 19,

1998.

Attest:

Clerk.
#### UNITED STATES of America, Plaintiff-Appellee v. Celso PEREZ-HERNANDEZ, Defendant-Appellant

No. 16-51466 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed February 20, 2018

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Qffice, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee

Celso Perez-Hernandez, Pro Se

Before REAVLEY, CLEMENT, and HO, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Celso Perez-Hernandez has moved for leave to withdraw and has filed briefs 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). Perez-Hernandez has not filed a response. We have reviewed counsel’s briefs 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 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 62

Directing the Joint Committee on the Library to procure a bust or statue

of Sojourner Truth for placement in the Capitol.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1997

Mr. HASTINGS of Florida submitted the following concurrent resolution; which

was referred to the Committee on House Oversight

CONCURRENT RESOLUTION

Directing the Joint Committee on the Library to procure

a bust or statue of Sojourner Truth for placement in

the Capitol.

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. PROCUREMENT OF BUST OR STATUE OF SO4 JOURNER TRUTH.

5 The Joint Committee on the Library shall procure

6 a bust or statue of Sojourner Truth and cause such bust

7 or statue to be placed in a suitable location in the Capitol,

8 as determined by the Joint Committee.
2

•HCON 62 IH

1 SEC. 2. PAYMENT OF EXPENSES.

2 The expenses incurred by the Joint Committee on the

3 Library in carrying out this concurrent resolution may not

4 exceed $50,000, and shall be paid out of the applicable

5 accounts of the House of Representatives on vouchers ap6 proved by the Joint Committee and signed by the chair7 man and vice-chairman of the Joint Committee.

Æ
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-40950

Conference Calendar

 

WILLIE R. HOUSTON,

Plaintiff-Appellant,

versus

WESLEY WARNER, Warden; S. BEMBERY;

S. LOWE; BELIA MENDIOLA; LESLIE WOODS,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-93-CV-367

- - - - - - - - - -

December 10, 1997

Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Willie Houston, Texas prisoner #629532, appeals from the

magistrate judge’s decision granting summary judgment in favor of

the defendants in Houston’s civil rights complaint. 42 U.S.C. 

§ 1983; see 28 U.S.C. § 636(c). Houston argues that prison

officials were deliberately indifferent to his serious medical

needs when, on several occasions, they refused to issue him his

medication. We have reviewed the record and the briefs of the
No. 96-40950

-2-

parties, and we affirm the judgment for essentially the same

reasons set forth in the magistrate judge’s decision. See

Houston v. Warner et al., No. C-93-367 (S.D. Tex. Jul. 26, 1996);

see also 42 U.S.C. § 1997e(e)(stating that no federal civil

action may be brought by a prisoner for mental or emotional

injury without a prior showing of physical injury).

AFFIRMED.
#### UNITED STATES of America, Plaintiff-Appellee, v. Tyler Dwayne WADDLE, Defendant-Appellant.

No. 17-12022 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

(January 9, 2018)

Peter J. Sholl, U.S. Attorney Service— Middle District of Florida, U.S. Attorney’s Office, Tampa, FL, for Plaintiff-Appellee

*635Nicole Valdes Hardin, Federal Public Defender’s Office, Tampa, FL, Donna Lee Elm, Federal Public Defender’s Office, Orlando, FL, for Defendant-Appellant

Tyler Dwayne Waddle, Pro Se

Before WILSON, JORDAN and BLACK, Circuit Judges.

PER CURIAM:

Robert Godfrey, appointed counsel for Tyler Waddle 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 the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Waddle’s conviction and sentence are AFFIRMED.
Dou

.;14.4; -` 1 1 - ■ ,•" 4;1 gave conflicting stories about the reason he was out. A search of the area where Mikolajczyk originally spotted appellant revealed a screwdriver set with one bit removed. The bit, along with the driver, was on the curb. When Mikolajczyk asked appellant what he was doing with the tools, appellant shrugged his head, lowered it, and said, "I don't know," but did not deny possession of the set. From this evidence, a rational trier of fact could reasonably infer that appellant committed the charged offense. See NRS 205.080; Palmer v. State, 112 Nev. 763, 768-69, 920 P.2d 112, 115 (1996) (discussing actual and constructive possession); Glispey v. Sheriff, 89 Nev. 221, 223-24, 510 P.2d 623, 624 (1973); cf. Buchanan v. State, 119 Nev. 201, 217, 69 P.3d 694, 705 (2003) (circumstantial evidence alone may sustain a conviction). Accordingly, we

ORDER the judgment of the juvenile court AFFIRMED.

Gibbons

Saitta
cc: Hon. William 0. Voy, District Judge, Family Court Division Clark County Public Defender Attorney General/Carson City Clark County District Attorney/Juvenile Division Eighth District Court Clerk

SUPREME COURT

OF NEVADA
(0) 1947A 2
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 32

Expressing the sense of Congress with respect to the storage of nuclear

waste on any territory or possession of the United States.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1997

Mr. ABERCROMBIE (for himself, Mr. MILLER of California, Mr. LEACH, Mrs.

MINK of Hawaii, Mr. FALEOMAVAEGA, Mr. UNDERWOOD, Mr. ROMEROBARCELO ́, Ms. CHRISTIAN-GREEN, Ms. PELOSI, Mr. STARK, Mr.

PALLONE, Mrs. MALONEY of New York, Mr. EVANS, Mr. HINCHEY, Mr.

FRANK of Massachusetts, and Mr. LEWIS of Georgia) submitted the following concurrent resolution; which was referred to the Committee on

Commerce, and in addition to the Committee on Resources, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

CONCURRENT RESOLUTION

Expressing the sense of Congress with respect to the storage

of nuclear waste on any territory or possession of the

United States.

Whereas the Insular Area Appropriation Act of 1980 prohibits the transport of nuclear waste to and the storage

of nuclear waste on any territory or possession of the

United States, unless such transport or storage is specifically authorized by an Act of Congress, and such an authorization has never been granted;
2

•HCON 32 IH

Whereas the people of the territories of the United States in

the Pacific region have paid a high price—socially, economically, and environmentally—as a result of nuclear

testing;

Whereas the coral and volcanic islands of the Pacific territories are geographically unstable and prone to extreme

weather conditions, making those islands poor candidates

for the site of a nuclear waste repository; and

Whereas certain foreign interests are now seeking to develop

a private nuclear waste storage facility on one or both of

Wake Island and Palmyra Atoll: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that the

3 transport of nuclear waste to and the storage of nuclear

4 waste on any territory or possession of the United States,

5 including Wake Island and Palmyra Atoll, should continue

6 to be prohibited.

Æ
Exhibit 99.2

          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 Quarterly  Report of ChrisKen  Partners Cash Income
Fund L.P., a Delaware limited  partnership  (the "Company"),  on Form 10-QSB for
the period  ending March 31,  2003,  as filed with the  Securities  and Exchange
Commission on the date hereof (the "Report"),  I, Robert Mayer,  Chief Financial
Officer of ChrisKen Income Properties, Inc., the managing general partner of the
Company,  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 and based
on my review of the Report:

     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 result of operations of the Company.


                          By:      /S/ROBERT MAYER
                                   ----------------------------------------
                                   Robert Mayer
                                   Chief Financial Officer
                                   ChrisKen Income Properties, Inc.,
                                   Managing General Partner
                                   ChrisKen Partners Cash Income Fund L.P.

                                   May 15, 2003

A signed  original of this  written  statement  required by Section 906 has been
provided to  ChrisKen  Partners  Cash  Income Fund L.P.  and will be retained by
ChrisKen  Partners  Cash Income Fund L.P. and  furnished to the  Securities  and
Exchange Commission or its staff upon request.
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<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CONDENSED
FINANCIAL  STATEMENTS  FOR THE PERIOD ENDED OCTOBER 31, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>

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</TABLE>
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 19

- 10846

**In the Matter of: Acis Capital Management G.P., L.L.C., and Acis Capital Management, L.P.** 

Debtor **,**

**--------------------------**
**Neutra Limited,**
Appellant **,**

versus
**Joshua N. Terry,**
Appellee **,**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3: 18

- CV

- 1056 USDC No. 3:18

- CV

- 1057 USDC No. 3:18

- CV

- 1073 USDC No. 3:18

- CV

- 1084 United States Court of Appeals Fifth Circuit 

### FILED June 17, 2021 Lyle W. Cayce Clerk Case: 19-10846 Document: 00515903773 Page: 1 Date Filed: 06/17/2021No. 19

- 10846

2 Before **Smith, Ho,** and **Oldham,** Circuit Judges

**. Per Curiam**  **:** * Having thoroughly reviewed the parties’ briefs and arguments, we conclude the appeal is moot. The case is therefore **DISMISSED**

.

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. Case: 19-10846 Document: 00515903773 Page: 2 Date Filed: 06/17/2021