alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

United States Court of Appeals

Tenth Circuit

August 28, 2014

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RONALD MERL McKAY,

 Plaintiff - Appellant,

and

TWIN RIVERS LAND & CATTLE

COMPANY, LP, a New Mexico

limited partnership; TWIN RIVERS

LAND & CATTLE CO., LP, LLC, a

New Mexico limited liability company

as general partner of Twin Rivers

Land & Cattle Company, LP,

 Plaintiffs,

v.

A.V. HAYES, JR., 

 Defendant - Appellee.

No. 14-7033

(D.C. No. 6:13-CV-00176-RAW)

(E.D. Okla.)

ORDER AND JUDGMENT*

Before GORSUCH, MURPHY, and HOLMES, Circuit Judges.

*

 This order and judgment is not binding precedent except under the

doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th

Cir. R. 32.1.
After a real estate deal went awry, Ronald Merl McKay sued Acie Hayes,

Jr. Mr. Hayes moved for summary judgment, but Mr. McKay never responded —

even after the district court extended his deadline and warned him that, if he

didn’t respond, the district court would dismiss the case or deem the motion

confessed. The district court, under a local rule, deemed the motion confessed

and dismissed the action with prejudice. 

On appeal, Mr. McKay reargues the merits of his case but he does not

directly address the district court’s ruling, let alone identify any defect in it. 

While this court takes seriously its obligation to construe liberally pro se filings

like Mr. McKay’s, it will not invent arguments for reversal that a litigant does not

even touch upon: “the court cannot take on the responsibility of serving as the

litigant’s attorney in constructing arguments and searching the record.” Garrett

v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005). 

The judgment is affirmed.

ENTERED FOR THE COURT

Neil M. Gorsuch

Circuit Judge

- 2 -
```
[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Page 31808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15389]

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

DEPARTMENT OF THE INTERIOR

National Park Service

Availability of Plan of Operations and Environmental Assessment 
for Proposed 3-D Geophysical Exploration; Big Thicket National Preserve

    Notice is hereby given in accordance with Section 9.52(b) of Title 
36 of the Code of Federal Regulations, Part 9, Subpart B, that the 
National Park Service has accepted a Plan of Operations from 
Continental Geophysical Services, L.L.C., for 3-D Geophysical 
Exploration within Big Thicket National Preserve, Hardin, Jefferson and 
Orange Counties, Texas.
    The Plan of Operations and corresponding Environmental Assessment 
are available for public review and comment for a period of 30 days 
from the publication date of this notice. Both documents can be viewed 
during normal business hours at the Office of the Superintendent, Big 
Thicket National Preserve, 3785 Milam Street, Beaumont, Texas. Copies 
can be requested from the Superintendent, Big Thicket National 
Preserve, 3785 Milam Street, Beaumont, TX 77701.

    Dated: June 3, 1998.
Richard R. Peterson,
Superintendent, Big Thicket National Preserve.
[FR Doc. 98-15389 Filed 6-9-98; 8:45 am]
BILLING CODE 4310-70-M
```
Texas volunteer firefighters use former military trucks
 By Jeff Landenberger
  Jenkins Volunteer Fire Department has converted a second Steward Stevenson, excess military truck from the Defense Logistics Agency Disposition Services into a firefighting machine by adding a slip-on unit, front bumper nozzles, and drafting capability. **After being converted from military service a Steward Stevenson truck stands ready to go to work as a firefighter truck with the Jenkins Volunteer Fire Department in Texas.




Side view of a former military truck now converted to help fight fires with a tank and pump unit added to the bed behind the cab.
        Fire Truck
            After being converted from military service a Steward Stevenson truck stands ready to go to work as a firefighter truck with the Jenkins Volunteer Fire Department in Texas.

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: Jenkins Volunteer Fire Department
                    
                    VIRIN: 200909-O-AA987-090**The firefighters received the equipment through the DOD Firefighter Program, a partnership between DLA Disposition Services and the U.S. Forest Service. DLA receives excess military equipment from the armed services and the Forest Service helps rural fire departments acquire it. “This truck is replacing a small pickup that had an addition of a smaller water tank and it didn’t have off-road capabilities,” said Jenkins Fire Chief Ronald Brantley. He added that this was the second truck the department had received from the program. The most recent truck is a 2.5-ton truck while the first one is a five-ton hauler. Brantley said the trucks are primarily used to fight brush fires, but with their high clearance and four-wheel-drive capability, they will also be used during floods when authorities need to perform rescues in flooded areas. “These trucks are going to be a great help for us and the communities around us,” Brantley said, noting that he receives $480 a month from the county to fund his department. Even with donations from the community, which he characterized as “great support,” there is no way their community could have afforded two brush trucks comparable to what they received from DLA. “With these trucks, we have the best fire department we have ever had,” Brantley said. These are just two of some 800 trucks that have been transferred at no cost to Texas volunteer fire departments through the program. In Texas, 73% of the state’s fire response effort is provided by volunteer departments that are supported and funded by local communities.
160 A.3d 696

#### NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, PLAINTIFF-RESPONDENT, v. V.R., DEFENDANT-PETITIONER. IN THE MATTER OF THE GUARDIANSHIP OF J.R., A MINOR—RESPONDENT.

February 13, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 3, 2013

p0826 

# Order

Clerk September 3, 2013

147102

- 4

PEOPLE OF THE STATE OF MICHI GAN,

Plaintiff

- Appellee,

v SC: 147102

- 4

COA: 301376; 301377; 301378

Macomb CC: 09

- 004832

- FC;

09

- 005144

- FC;

09

- 005244

- FC

IHAB MASALMANI,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 19, 2013

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
How to stay safe when using consumer fireworks
 
  By Fire Inspector Eric Crognale, DLA Installation Management Richmond, Fire Prevention Office and Dominique Shelton, DLA Aviation Public Affairs Office
  Summertime is when many of us engage in what some might consider the most joyous of activities: spending time with friends and family, eating, drinking and watching fireworks light up the sky. Despite professional firework displays being fun and exciting, many people feel the real fun takes place when this excitement is recreated in our own homes through the purchasing of store-bought fireworks made for personal use. Sadly enough, sometimes the results are disastrous. According to the National Fire Protection Association, every July Fourth thousands of people are injured using consumer fireworks. For this reason, knowing how to properly use these products is important. While the National Safety Council recommends everyone enjoy fireworks at public displays conducted by professionals and not to use any fireworks at home, there are ways to use them so that you reduce the risk of injury to yourself and others. If you decide to use legal fireworks, the Defense Logistics Agency Installation Management Richmond’s Fire Prevention Office offers these tips to help you do so safely. Never hold a lighted firework in your hand. Have a garden hose or preferably a fire extinguisher on hand in case a fire starts. In addition, you should keep a bucket of water nearby to completely soak any unused or malfunctioning fireworks. Do not try to relight a firework that did not function; the object could go off unexpectedly when you approach and cause serious injury. Be aware of those around you who might not react well to fireworks. Small children and pets can be frightened and easily overwhelmed by the lights and noises. Veterans who might be suffering from post-traumatic stress disorder can have negative emotional reactions, with some reporting powerful flashbacks to their time in combat. Do what you can to be respectful of them and their situations. While it is possible to enjoy fireworks from home, the risks involved are significant. Take it from your Fire Prevention Office, let the trained professionals handle the dangerous part so you and yours can simply enjoy the fun. If you have any questions about fireworks, firework safety, codes or laws about fireworks, you can contact us at dscr.fireprevention@dla.mil, or by phone at 804-279-6782.
#### People v Drake

4th Dept: 138 AD3d 1396 (Livingston)

denied 8/10/16 (Rivera, J.) (Appeal No. 1)
#### Winchilla v. W.C.A.B. (Nexstar Broadcasting)115

12/29/2015

420 WAL (2015)

115

. Justice EAKIN did not participate in the decision of this matter; Reargument Denied February 3, 2016.

Denied

Pa.Cmwlth., 126 A.3d 364
German military officials strengthen ties with DLA Aviation during visit to DSCR
 
  By Brenda Brunner, sourcing strategy specialist, DLA Aviation’s Strategic Acquisition and Programs Directorate and Leon Moore, DLA Aviation Public Affairs Office
  Representatives from the German Liaison Office for Defense Material (Bundeswehr), based out of Reston, Virginia, traveled to Defense Logistics Agency Aviation Richmond on Defense Supply Center, Richmond, Virginia Jan. 10 to meet with a group of Aviation leaders, led by Deputy Commander Charlie Lilli and Chris Davis, director, DLA Aviation Strategic Acquisition and Programs Directorate. The meeting took place in the Command Suite on the 5th floor of the DLA Aviation Operations Center, Bldg. 46, on DSCR. During the roughly hour and a half meeting, Lilli and Davis provided the Germans with a DLA operations and strategic overview while the German team gave the DLA Aviation team an overview of their government operations. The partnership between DLA Aviation and the Germans began in 2019 when Davis started a German Liaison program with the German Federal Government through the German Liaison Office for Defense Material. In the four years since, DLA Aviation has hosted three German national civilian employees for a one-year tour working and learning in DLA Aviation’s Strategic Acquisition and Programs Directorate’s Strategic Program Management Division. Davis invited the German team to DLA Aviation to continue improving on the strategic partnership with the German Liaison Office. The relationship has been an excellent addition to the Strategic Directorate Acquisition and Programs and the exchange of information and the opportunities for learning will continue to help both DLA Aviation and the German Liaison Office for Defense Material improve upon the program and compliment the relationship between organizations. After the briefings, the Germans toured various areas of DLA Aviation on DSCR. Following their departure from Richmond, the German team headed down to Marine Corps Air Station Cherry Point, North Carolina, where they toured Fleet Readiness Center East Jan. 11. The tour was led by DLA Aviation at Cherry Point Operations Officer Marine Corp Maj. Barry Loseke and DLA Aviation at Cherry Point Deputy Commander Joshua Waller. This strategic partnership between DLA Aviation and the German Liaison Office for Defense Materiel falls in line with DLA Director Navy VADM Michelle C. Skubic’s Strategic Plan 2021 – 2026 trusted mission partner line of effort. It states building trust begins with understanding DLA customers’ priorities. Through a collaborative, data-driven problem-solving culture, DLA will pursue viable solutions to these critical challenges.
No. 09-11233.

#### Jackie Lyn Coulombe, Petitioner v. Superior Court of California, Ventura County, et al.

562 U.S. 868, 131 S. Ct. 166,

178 L. Ed. 2d 97,

2010 U.S. LEXIS 6731,

October 4, 2010.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.
No. 09-11130.

#### Edilberto Martinez-Cardenas, Petitioner v. Washington.

562 U.S. 863, 131 S. Ct. 145,

178 L. Ed. 2d 86,

2010 U.S. LEXIS 6270.

October 4, 2010.

Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

*87Same case below, 151 Wash. App. 1051.
**EXHIBIT 32**

 

**CERTIFICATIONS REQUIRED PURSUANT TO 18 U.S.C. § 1350**

 

Solely forthe purposes of complying with 18 U.S.C. § 1350, I, the undersigned Presidentand Chief Executive Officer of Pierre Foods, Inc. (the “Company”), herebycertify, based on my knowledge, that this Quarterly Report on Form 10-Q of theCompany for the quarter ended September 1, 2007 (the “Report”) fully complieswith the requirements of Section 15(d) of the Securities Exchange Act of 1934and that information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 
| /S/  NORBERT E. WOODHAMS |   |
|--------------------------|--------|
| Norbert  E. Woodhams     |
| October  16, 2007        |

 

Solely forthe purposes of complying with 18 U.S.C. § 1350, I, the undersigned ChiefFinancial Officer of Pierre Foods, Inc. (the “Company”), hereby certify, basedon my knowledge, that this Quarterly Report on Form 10-Q of the Company for thequarter ended September 1, 2007 (the “Report”) fully complies with therequirements of Section 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /S/  JOSEPH W. MEYERS |   |
|-----------------------|--------|
| Joseph  W. Meyers     |
| October  16, 2007     |

 

38

----
2017-1671.

#### Irvin v. Eichenberger.

Franklin App. No. 16AP-657, 2017-0hio-5601. On motion for stay of trial-court and court-of-appeals *1525decisions. Motion denied.

O’Neill, J., not participating.
Exhibit 31.1
**CERTIFICATIONS**
I, Craig J. Cerny, certify that:
 1. I have reviewed this quarterly report on Form 10-Q ofHarrington West Financial Group, Inc.;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)for the registrant and have:
 (a) Designed such disclosure controlsand procedures, or caused such disclosure controls andprocedures to be designed under our supervision, toensure that material information relating to theregistrant, including its consolidated subsidiaries, ismade known to us by others within those entities,particularly during the period in which this report isbeing prepared;  (b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures andpresented in this report our conclusions about theeffectiveness of the disclosure controls andprocedures, as of the end of the period covered by thisreport based on such evaluation; and  (c) Disclosed in this report any changein the registrant’s internal control over financialreporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that hasmaterially affected, or is reasonably likely tomaterially affect, the registrant’s internal controlover financial reporting; and
 5. The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent function):
 (a) All significant deficiencies andmaterial weaknesses in the design or operation ofinternal control over financial reporting which arereasonably likely to adversely affect the registrant’sability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal controls over financial reporting.
Date: May 11, 2004     /s/ Craig J. Cerny   Craig J. Cerny, Chief Executive Officer
Exhibit 99.2

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

         In connection with the Annual Report of Tamboril Cigar Company (the
"Company") on Form 10-KSB for the years ended December 31, 1998, 1999, 2000,
2001 and 2002, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, John L. Petersen, the principal financial officer of
the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to
Section 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.

            /s/ John L. Petersen
John L. Petersen, Chief Financial Officer
March 18, 2003
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7789

JIMEAL ALLEN, Plaintiff - Appellant, versusRICKY HARRISON, Warden; J. ROBINSON, Investigator; MAJOR NEISMAN, Defendants - Appellees. Appeal from the United States District Court for the District ofSouth Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief District Judge. (CA-00-692-0-17BD) Submitted: March 8, 2001 Decided: March 16, 2001 Before MOTZ, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Jimeal Allen, Appellant Pro Se. Terry B. Millar, Rock Hill, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Jimeal Allen appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. Appellant’s case was referred to a magistrate judge pursuant to 28 U.S.C.§ 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Appellant that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Appellant failed to object to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Appellant has waived appellate review byfailing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

CLIPPER PIPE & SERVICE, INC. 

 v. 

THE OHIO CASUALTY INSURANCE 

CO.; CONTRACTING SYSTEMS, INC. II 

PETITION OF: UNITED STATES 

COURT OF APPEALS FOR THE THIRD 

CIRCUIT 

:

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:

No. 161 EM 2014 

ORDER 

PER CURIAM 

AND NOW, this 10th day of December, 2014, the Petition for Certification of 

Question of Law submitted by the United States Court of Appeals for the Third Circuit is 

GRANTED. This Court shall consider the following issue: 

Under Pennsylvania law, does the Contractor and Subcontractor Payment 

Act (CASPA), 73 P.S. §§501-516, apply to a project where the owner is a 

governmental entity, such as the federal government in this case? 

 The Prothonotary is DIRECTED to establish a briefing schedule and list this 

matter for oral argument.