alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sam SADEGHI, Plaintiff-Appellant, v. INOVA HEALTH SYSTEM, Defendant-Appellee.

No. 17-1600

United States Court of Appeals, Fourth Circuit.

Submitted: February 15, 2018

Decided: February 16, 2018

Sam Sadeghi, Appellant Pro Se. Laurie Kirkland, BLANKINGSHIP & KEITH, PC, Fairfax, Virginia, for Appellee.

Before WILKINSON, FLOYD, and THACKER, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sam Sadeghi appeals the district court’s order granting summary judgment to Ino-va Health Systems on his employment discrimination and retaliation claims. On appeal, we confine our review to the issues raised in the Appellant’s brief. *See*4th Cir. R. 34(b). Because Sadeghi’s informal brief does not challenge the district court’s holding that he failed to establish a prima facie case of discrimination and retaliation, Sadeghi has forfeited appellate review of the court’s order. *See Brown v. Nucor Corp.,*785 F.3d 895, 918 (4th Cir. 2015); *Williams v. Giant Food Inc.,*370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the district court’s judgment. 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*
105TH CONGRESS

1ST SESSION H. CON. RES. 73

CONCURRENT RESOLUTION

Concerning the death of Chaim Herzog.
105TH CONGRESS

1ST SESSION H. CON. RES. 73

CONCURRENT RESOLUTION

Whereas Chaim Herzog, the sixth President of the State of

Israel, passed away on Thursday, April 17, 1997;

Whereas Chaim Herzog, in his very life exemplified the struggles and triumphs of the State of Israel;

Whereas Chaim Herzog had a brilliant military, business,

legal, political, and diplomatic career;
2

•HCON 73 EH

Whereas Chaim Herzog represented Israel at the United Nations from 1975–1978 and with great eloquence defended

Israel and its values against the forces of darkness and

dictatorship;

Whereas Chaim Herzog, as President of Israel from 1983–

1993, set a standard for honor and rectitude; and

Whereas Chaim Herzog was a great friend of the United

States of America and as President of Israel had the

honor of addressing a joint meeting of the United States

Congress on November 10, 1987: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That—

3 (1) the Congress of the United States notes

4 with great sadness the passing of Chaim Herzog, a

5 great leader of Israel and a great friend of America

6 and the Congress sends its deepest condolences to

7 the entire Herzog family and to the Government and

8 people of Israel; and

9 (2) a copy of this resolution shall be transmit10 ted to the Speaker of the Knesset in Jerusalem, to

11 President Ezer Weizman of Israel, and to Mrs. Aura

12 Herzog of Herzlia, Israel.

Passed the House of Representatives May 13, 1997.

Attest:

Clerk.
IV

105TH CONGRESS

2D SESSION H. CON. RES. 263

Authorizing the use of the Capitol Grounds for the seventeenth annual

National Peace Officers’ Memorial Service.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1998

Mr. KIM submitted the following concurrent resolution; which was referred to

the Committee on Transportation and Infrastructure

CONCURRENT RESOLUTION

Authorizing the use of the Capitol Grounds for the seventeenth annual National Peace Officers’ Memorial Service.

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL

4 PEACE OFFICERS’ MEMORIAL SERVICE.

5 The National Fraternal Order of Police and its auxil6 iary shall be permitted to sponsor a public event, the sev7 enteenth annual National Peace Officers’ Memorial Serv8 ice, on the Capitol Grounds on May 15, 1998, or on such

9 other date as the Speaker of the House of Representatives

10 and the Committee on Rules and Administration of the
2

•HCON 263 IH

1 Senate may jointly designate, in order to honor the more

2 than 160 law enforcement officers who died in the line

3 of duty during 1997.

4 SEC. 2. TERMS AND CONDITIONS.

5 (a) IN GENERAL.—The event authorized to be con6 ducted on the Capitol Grounds under section 1 shall be

7 free of admission charge to the public and arranged not

8 to interfere with the needs of Congress, under conditions

9 to be prescribed by the Architect of the Capitol and the

10 Capitol Police Board.

11 (b) EXPENSES AND LIABILITIES.—The National

12 Fraternal Order of Police and its auxiliary shall assume

13 full responsibility for all expenses and liabilities incident

14 to all activities associated with the event.

15 SEC. 3. EVENT PREPARATIONS.

16 (a) STRUCTURES AND EQUIPMENT.—Subject to the

17 approval of the Architect of the Capitol, the National Fra18 ternal Order of Police and its auxiliary are authorized to

19 erect upon the Capitol Grounds such stage, sound amplifi20 cation devices, and other related structures and equip21 ment, as may be required for the event authorized to be

22 conducted on the Capitol Grounds under section 1.

23 (b) ADDITIONAL ARRANGEMENTS.—The Architect of

24 the Capitol and the Capitol Police Board are authorized
3

•HCON 263 IH

1 to make any such additional arrangements as may be re2 quired to carry out the event.

Æ
#### David C. RECHTIEN and Christine A. Rechtien, et al., Respondents, v. Michael C. COOPER, Appellant.

WD 80079

Missouri Court of Appeals, Western District.

Filed: December 26, 2017

Thomas M. Schneider, Columbia; Lawrence F. Gepford, Jr., Independence; and Dan C. Sanders, Leawood, KS for appellant.

Timothy R. Gerding, Columbia for respondents.

Before Division Three: Alok Ahuja, P.J., and Thomas H. Newton and Cynthia L. Martin, JJ.

*429ORDER

PER CURIAM:

Appellant Michael Cooper appeals from a judgment entered by the Circuit Court of Boone County following a bench trial The circuit court’s judgment quieted title to a piece of real property in Boone County in Respondents David and Christine Rechtien. The judgment also denied Cooper’s counterclaim seeking specific performance of an agreement which gave him an option to purchase the property. Cooper argues that the circuit court erroneously found that he had failed to timely exercise his purchase option. He also argues that the Rechtiens waived, or are estopped from asserting, any deadline for his exercise of the option, and that his timely performance is excused by the Re-chtiens’ anticipatory repudiation of the agreement.

We affirm. Because a published opinion would have no precedential value, we have provided the parties an unpublished memorandum setting forth the reasons for this order. Rule 84.16(b).
-1- 



    	 



    








    	-2- 



    	 



    








    	-3- 



    	 



    





    	-4- 



    	 



    





    	-5- 



    	 



    





    	-6- 



    	 



    





    	-7- 



    	 



    





    	-8- 



    	 



    





    	-9- 



    	 



    





    	-10-
No. 12-5864.

#### Singleton *v.*United States.

C. A. 5th Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8.
* 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. United States Court of Appeals

Fifth Circuit 

## FILED December 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51189 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus BEVERLY JOHNSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:93-CR-134-ALL

-------------------- Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM: * Counsel appointed to represent Beverly Johnson in his appeal from the order revoking Johnson’s supervised release has filed a motion and a brief in accordance with Anders v. California , 386 U.S. 738 (1967). Johnson has not filed a response to his counsel’s motion. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). Article III, § 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. SeeNo. 05-51189 -2- Spencer v. Kemna , 523 U.S. 1, 7 (1998). The case-or-controversy requirement demands that “some concrete and continuing injury other than the now-ended incarceration or parole -- some ‘collateral consequence’ of the conviction -- must exist if the suit is to be maintained.” Id. Johnson has served the sentence that was imposed upon the revocation of his supervised release. The order revoking Johnson’s supervised release imposed no further term of supervised release. Accordingly, there is no case or controversy for this court to address, and the appeal is dismissed as moot. Counsel’s motion to withdraw is denied as unnecessary.
MOTION DENIED; APPEAL DISMISSED.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 353 Enrolled Bill (ENR)]

        H.Con. Res.353
                                      Agreed to October 21, 1998        

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight

                          Concurrent Resolution

 

    Resolved by the House of Representatives (the Senate concurring), 
That when the House adjourns on the legislative day of Wednesday, 
October 21, 1998, or Thursday, October 22, 1998, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand adjourned sine die, or until noon on the second day 
after Members are notified to reassemble pursuant to section 2 of this 
concurrent resolution, or until a time designated pursuant to section 3 
of this resolution; and that when the Senate adjourns on Wednesday, 
October 21, 1998, or Thursday, October 22, 1998, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand adjourned sine die, or until noon on the second day 
after Members are notified to reassemble pursuant to section 2 of this 
concurrent resolution.
    Sec. 2. The Speaker of the House and the Majority Leader of the 
Senate, acting jointly after consultation with the Minority Leader of 
the House and the Minority Leader of the Senate, shall notify the 
Members of the House and the Senate, respectively, to reassemble 
whenever, in their opinion, the public interest shall warrant it.
    Sec. 3. During any adjournment of the House pursuant to this 
concurrent resolution, the Speaker, acting after consultation with the 
Minority Leader, may notify the Members of the House to reassemble 
whenever, in his opinion, the public interest shall warrant it. After 
reassembling pursuant to this section, when the House adjourns on any 
day on a motion offered pursuant to this section by its Majority Leader 
or his designee, the House shall again stand adjourned pursuant to the 
first section of this concurrent resolution.
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.
```
# Fourth Court of Appeals

**San Antonio, Texas**

October 29, 2015

N o. 04

- 15

- 00621

- CV

IN THE INTEREST OF J.C., a child,

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2015EM503338

Honorable N ick Catoe Jr., Judge Presiding



### ORDER

On August 31, 2015, the trial court s igned an order establishing the parent

- child

relationship and determining conservatorship and visitation. See T EX

. F AM

. C ODE A NN

. § 160.601 (West 201 4 )

. A notice of appeal was due on September 30, 2015, and a motion for

extension of time to file a notice of appeal was due on October 15, 2015. See T EX

. R. A PP

. P.

26.1, 26.3.

On October 1, 2015, after the deadline to file the notice of appeal

, the child’s father filed

a notice of appeal. See generally Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997) (“[A]

motion for extension of time is necessarily implied when an appellant acting in good faith files a

[notice of appeal] beyond the time allowed by Rule [26.1], but within the fifteen

- day period in

which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].”

(emphasis added)).

W e ORDER Appellant to SHOW CAUSE in writing within FIFTEEN DAYS of the date

of this order why this appeal should not be dismissed for want of jurisdiction. See T EX

. R. A PP

.

P. 10.5(b) (requirements for a motion for extension of time) ; id. R. 42.3(a) (dismissal for want of

jurisdiction) . If Appellant fails to respond within the time provided, this appeal will be

dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).

All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of October, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
#### German I. AVILA, also known as German Avila, also known as Peewee, Petitioner v. Jefferson B. SESSIONS, III, U.S. Attorney General, Respondent

No. 16-60844 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed February 20, 2018

German I. Avila, Pro Se

Kathryn M. McKinney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent

Before REAVLEY, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: *

German I. Avila has petitioned for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the decision of the Immigration Judge (IJ) denying his applications for asylum, withholding of removal, and for relief under the Convention Against Torture (CAT).

Avila does not challenge the IJ’s determination that he failed to establish a right to CAT relief. Thus, that question is abandoned. *See Soadjede v. Ashcroft,*324 F.3d 830, 833 (5th Cir. 2003).

Although Avila does not dispute that his asylum application was untimely, he contends that the untimeliness resulted from ineffective assistance of counsel. Because Avila failed to exhaust his claim of ineffective assistance of counsel, we lack jurisdiction to consider it. *See Claudio v. Holder,*601 F.3d 316, 318 (5th Cir. 2010). The petition for review is DISMISSED IN PART.

Avila asserts that the BIA erred in denying his request for withholding of removal because he had not shown a clear probability that his life or freedom would be threatened on account of membership in a particular social group consisting of young Salvadoran males who spent the majority of their lives in the United States and are perceived to be gang members by the Salvadoran government because of their extensive tattoos. The BIA’s determination was supported by substantial evi*471dence. *See Orellana-Monson v.*Holder, 685 F.3d 511, 519-22 (5th Cir. 2012). The petition for review is DENIED IN PART.

*

 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.
Exhibit 32(b)

                                 Certification

           Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
            (Subsections (a) and (b) of Section 1350, Chapter 63 of
                       the Title 18, United States Code)

In connection with the Report of Long Island Physician Holdings Corporation (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,
Concetta Pryor, Chief Financial Officer 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: (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.

 /s/ CONCETTA PRYOR
------------------------
Concetta Pryor,
Chief Financial Officer

February 4, 2004

This certification accompanies the above-described Report on Form 10-Q pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by such Act, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 251 Introduced in House (IH)]

105th CONGRESS
  2d Session
H. CON. RES. 251

  Expressing the sense of the Congress that a postage stamp should be 
      issued to commemorate the life of George Washington and his 
                      contributions to the Nation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 1998

Mr. Davis  of Virginia (for himself, Mr. Moran of Virginia), Mr. Scott, 
Mr. Goode, Mr. Boucher, Mr. Sisisky, Mr. Bateman, Mr. Wolf, Mr. Bliley, 
and Mr. Goodlatte) submitted the following concurrent resolution; which 
    was referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of the Congress that a postage stamp should be 
      issued to commemorate the life of George Washington and his 
                      contributions to the Nation.

Whereas 1999 marks the 200th anniversary of the death of George Washington;
Whereas George Washington's extraordinary virtue commanded the respect of 
        America's early leaders, who called on him to preside over the framing 
        of the Constitution;
Whereas George Washington was an indispensable figure in the founding of our 
        Nation, and served as our country's first commander in chief and 
        President with unparalleled distinction;
Whereas all Americans remain indebted to George Washington for the liberties we 
        enjoy today;
Whereas the death of George Washington on December 14, 1799, marked the first 
        instance of national mourning in this country;
Whereas George Washington's tremendous accomplishments over the course of a 
        remarkable lifetime are studied and admired in this Nation and around 
        the world; and
Whereas issuing a postage stamp to honor the life and contributions of George 
        Washington, ``The Father of Our Country'', is proper and fitting: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) a postage stamp should be issued by the United States 
        Postal Service to commemorate the life of George Washington and 
        his contributions to the Nation; and
            (2) the Citizens' Stamp Advisory Committee should recommend 
        to the Postmaster General that such a postage stamp be issued.
                                 <all>
```
**Exhibit
      32**


Section
      1350 Certifications





**STATEMENT
      FURNISHED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned is the Chief Executive and Financial Officer of Equicap, Inc. This
      Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002.
      This Certification accompanies the Quarterly Report on Form 10-QSB of Equicap,
      Inc. for the fiscal quarter ended June 30, 2006





The
      undersigned certifies that such 10-QSB Report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that the information contained in such 10-QSB Report fairly presents, in
      all
      material respects, the financial condition and results of operations of Equicap,
      Inc. as of June 30, 2006





This
      Certification is executed as of August 14, 2006.





/s/ *Thomas
              W. Colligan**Thomas
                W. Colligan*
              *Chief
                Executive Officer and Chief Financial Officer*




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      us, Inc. and will be retained by Equicap, Inc. and furnished to the Securities
      and Exchange Commission or its staff upon request.
#### IN RE: MOSA BOUTIQUE, LLC, Appellant

2017-1129

United States Court of Appeals, Federal Circuit.

January 12, 2018

Matthew Frederick, Reed Smith LLP, Philadelphia, PA, argued for appellant.

Mary Beth Walker, Office of the Solicitor, United States Patent and Trademark *686Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by Nathan K. Kelley, Thomas W. Krause, Christina Hieber.

(Lourie, Taranto, and Chen, Circuit Judges).

JUDGMENT

Per Curiam

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

AFFIRMED. *See*Fed. Cir. R. 36.
Exhibit 99.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned officers of ATP Oil & Gas Corporation (the Company), do hereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuant to 906 of the
Sarbanes-Oxley Act of 2002, that the foregoing Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2002:





| | 1) |  | 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 such Quarterly Report on Form 10-Q for the quarter ended September 30, 2002, fairly represents, in all material respects, the
financial condition and the results of operations of the Company.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




Date: November 13, 2002

By:

/s/ T. Paul Bulmahn T.
Paul Bulmahn Chairman, Chief Executive Officer and PresidentDate: November 13, 2002

By:

/s/ Albert L. Reese, Jr. Albert L. Reese, Jr. Senior Vice President and Chief Financial Officer