alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2013 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-2-2013

Haddrick Byrd v. Robert Shannon

Precedential or Non-Precedential: Precedential

Docket No. 11-1744

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2013

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2013 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Haddrick Byrd v. Robert Shannon" (2013). 2013 Decisions. Paper 905.

http://digitalcommons.law.villanova.edu/thirdcircuit_2013/905
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

______

No. 11-1744

______

HADDRICK BYRD,

 Appellant

v.

ROBERT SHANNON, Superintendent SCI-Frackville;

V. STANISHEFSKI, Corrections Health

Care Administrator SCI-Frackville;

JACK ROBINSON, Supervising Nurse SCI-Frackville;

H. SPENCER, Nurse SCI-Frackville;

DORINA VARNER, Chief Grievance Officer, Camp Hill, PA

______

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(D.C. No. 1-09-cv-01551)

District Judge: Honorable Sylvia H. Rambo

______

Present: FUENTES, FISHER and COWEN, Circuit Judges.

______

SUR PETITION FOR PANEL REHEARING

______

The petition for panel rehearing filed by Appellant having been submitted to the 

judges who participated in the decision of this court, it is hereby ORDERED that the 

petition for panel rehearing is GRANTED. The opinion filed March 11, 2013, is hereby 

VACATED, and a subsequent opinion will be issued.

The court’s order entered March 27, 2013, denying the motion for stay of the 

payment of the filing fee is VACATED. Payment of the filing fee shall be stayed 

pending further order of the court.

BY THE COURT:

/s/ D. Michael Fisher

Circuit Judge

Dated: April 2, 2013
CJG/cc: Haddrick Byrd

Raymond W. Dorian, Esq.

Richard H. Frankel, Esq.

Alexandra Scanlon

Rebecca Trela
DLA Aviation Women’s History Month Spotlight: Dr. Nusnin Akter
 
  By  DLA Aviation Public Affairs Office
  **March is Women’s History Month. The**theme**this year is “Valiant Women of the Vote,” honoring “the brave women who fought to win suffrage rights for women, and who continue to fight for the voting rights of others.” This week, the Defense Logistics Agency Aviation spotlight shines on Dr. Nusnin Akter, who is a chemical engineer in the Engineering Directorate.** **Name:** Dr. Nusnin Akter **Title:** chemical engineer, Hazardous Information Program Division, Engineering Directorate, Defense Logistics Agency Aviation **Years of Service:** 11 months **What does this this year’s theme mean to you?**As a woman, “Valiant Women of the Vote” means a lot to me in that we have enough strength to fight for the proper rights and stand as equals to men. **What is your most important accomplishment that you would like to share?**I graduated from Stony Brook University in New York, have extensive research experience at the Brookhaven National Laboratory, which is a U.S. Department of Energy Office of Science user facility in New York, and was affiliated and conducted research at Harvard University, Massachusetts, in the Integrated Mesoscale Architectures for Sustainable Catalysis Center. I strongly believe that if the opportunity is given regardless of your gender, you can reach the stars. This belief contradicts what many people from my cultural background believe. As a young woman engineer, I also believe that if we don’t involve the huge segments of society, especially women in STEM [science, technology, engineering and mathematics] diversity, we lose out on potential progress. **Tell us a little-known fact that most people don’t know about you.**I could not be prouder of the fact that I am a first-generation college student, daughter of a Bangladeshi immigrant and now at the age of 30, have a doctoral degree in material science and chemical engineering. I am proud to be a DLA employee supporting the warfighters who are assuring our freedom and peace of mind even while we are sleeping. **How important is it to you that Defense Logistics Agency Aviation recognize this month?**I appreciate that DLA Aviation supports women’s contributions to society and is celebrating Women’s History Month. **What would you like employees to learn from celebrating Women’s History Month?**I want other women and under-represented minorities to get involved in the STEM field, and for them to realize that they are not alone and can be successful. All the success in my life could not have been accomplished without the support of my family and friends. I am thankful for this federal employment opportunity and looking forward to serving this country as an under-represented engineer – not the first, but definitely not the last.
<PAGE>

                                                                      Exhibit 32

                                  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 Harrington West Financial
Group, 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"), the undersigned hereby certify, pursuant to 18 U.S.C. section 1350,
as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to
the undersigned's best knowledge and belief:

         (a) the Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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

Dated this 4th day of August, 2003.

                                    Harrington West Financial Group, Inc.

                                    /s/ Craig J. Cerny
                                    ------------------
                                    Craig J. Cerny
                                    Chief Executive Officer

                                    /s/ Sean Callow
                                    ---------------
                                    Sean Callow
                                    Chief Financial Officer

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
No. 10-5352.

#### Ron Herndon, Petitioner v. United States.

562 U.S. 916, 131 S. Ct. 282,

2010 U.S. LEXIS 6856.

178 L. Ed. 2d 185,

October 4, 2010.

Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

Same case below, 978 A.2d 1211.
LICENSE FOR THE RIGHT TO USE ENTRAILS

                             1  1  4  5  3
   -----------                                              -----------------
     SERIES                      NUMBER                       LICENSE  TYPE

is granted to "ZAURAL-NEFTEGAS LTD" in the person of

Director General ZHURAVLEV OLEG VENEDIKTOVICH with the purpose of

Geological exploration of the ORLOVO-PASHKOVSK ENTRAILS PARCEL with the object

of hydrocarbon deposits prospecting and estimation .

The parcel is located on the territory of PETUHOVSK DISTRICT, KURGAN PROVINCE.

Description of the parcel boundaries, co-ordinates , toponymic

plans, profiles and other documents are given in APPENDICES ## 1, 2.

The right to use the ground parcels is granted by ADMINISTRATION OF PETUHOVSK

DISTRICT,, letter dated 20.01.03 No. 01-26.

The copies of the documents and the description of the parcel boundaries are

given in APPENDIX # 3.

The parcel has a status of geological allocation.

The date of the license term is February 28, 2008

<PAGE>

THE FOLLOWING DOCUMENTS ARE ESSENTIAL PARTS OF  THE LICENSE:

1.License agreement on the terms of the use of the Orlovo-Pashkovsk parcel ,

Kurgan Province - 8 pp.

2. The layout of the Orlovo-Pashkovsk parcel, geographic co-ordinates

of the critical points added - 1 p.

3. Petuhovsk District Administration letter dated 20.01.03 01-26 - 1 p.

4. Kurgan Administration letter dated 16.12.02 01-1-655 - 1 p.

5. The Russian Ministry of Natural Resources Decree to grant the right of use

the Orlovo-Pashkovsk parcel, Kurgan Province - 1 p.

6. The certificate of governmental registration of "Zaural-Neftegas Ltd" - 1 p.


Authorized  representative                          Authorized representative
of the Russian Ministry of                          of the Russian public
Natural Resources                                   authority of Federal Subject


/s/ Sadovnik P.V.       Sadovnik P.V.
----------------


                                Company executive
                                be granted the license


                               /s/ Zhuravlev O.V.     Zhuravlev O.V.
                                -------------

<PAGE>
# DLA Distribution Commander delivers Thanksgiving Day message

/ Published Nov. 23, 2022
NEW CUMBERLAND, Pa., 
As Thanksgiving is upon us, I am reminded of how thankful and grateful I am to be among all of you celebrating this great national holiday. Thanksgiving began as a day to commemorate the colonial Pilgrims’ harvest meal shared with the Wampanoag Native Americans in 1621 and is now a day of giving thanks for the blessings of the fall harvest and acknowledging gratitude.

Thanksgiving is a time to celebrate and consider ways we can bring people together – sharing our gratitude for all we value most – each other. It is also a time to reflect on selfless deeds and sharing our kindness and empathy.

I am truly thankful for being a part of this amazing organization that is DLA Distribution. I am thankful for the warmest of welcomes I have received since coming aboard this past July, and the gracious welcome I receive in my travels to the different distribution centers, meeting our teammates and learning how we are supporting our customers. As I travel to your areas and have the opportunity to talk with you, I’m always impressed by your ability to embrace change as DLA Distribution innovates to create a world-class organization you can all be proud to work for.

In honoring Thanksgiving, I am reminded of the words of Henry Van Dyke, “Gratitude is the inward feeling of kindness received. Thankfulness is the natural impulse to express that feeling. Thanksgiving is the flowing of that impulse.”

Mr. Knight and I send our warmest Thanksgiving wishes to you and your loved ones and ask you to continue to be COVID cautious and follow CDC and local guidelines for gatherings. Please keep safety at the forefront of everything you do, and please keep our Warfighters, their families, and our teammates in your thoughts and hearts. We all have so much for which to be thankful.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 22

- 00289

- CV

A LLSTATE F IRE AND C ASUALTY

I NSURANCE C OMPANY

, Appellant

V

.

H ELEN D OLLARD

, Appellee §

§

§

§ On Appeal from County Co urt at Law

No. 2

of Tarrant County ( 2017

- 006962

- 2 )

October 19, 2023

Opinion by Chief Justice Sudderth

JUDGMENT

This court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal i s dismissed for want of

jurisdiction

.

SECOND DISTRICT COURT OF APPEALS

By /s/ Bonnie Sudderth

Chief Justice Bonnie Sudderth
No. 10-5540.

#### Edwin George Cooper, Petitioner v. United States.

562 U.S. 928, 131 S. Ct. 315,

2010 U.S. LEXIS 7296.

178 L. Ed. 2d 206,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 375 Fed. Appx. 955.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

________________ _____________
No. 1D18-1012

________________ _____________
W ILLIAM H ENRY B ROWN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

________________ _____________

On appeal from the Circuit Court for Du val County. Steven B. Whi ttington, Judge.

April 30, 2019

P ER C URIAM

.
A FFIRMED

.
B.L. T HOMAS , C.J., and R OBERTS and O STERHAUS , JJ., concur.

________________ _____________ Not final until disposition of any timely and authorized motion under Fl a. R. App. P. 9.330 or 9.331

.

________________ _____________

William Henry Brown, pro se, Appellant.2 Ashley Moody, Attorney General, for Appellee.
II

103D CONGRESS

2D SESSION S. 2354

To designate the United States courthouse under construction in St. Louis,

Missouri, as the ‘‘Thomas F. Eagleton United States Courthouse’’, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JULY 20), 1994

Mr. DANFORTH (for himself, Mr. BOND, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To designate the United States courthouse under construction in St. Louis, Missouri, as the ‘‘Thomas F. Eagleton

United States Courthouse’’, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION OF THOMAS F. EAGLETON

4 UNITED STATES COURTHOUSE.

5 The United States courthouse under construction at

6 111 South Tenth Street in St. Louis, Missouri, shall be

7 known and designated as the ‘‘Thomas F. Eagleton

8 United States Courthouse’’.
2

•S 2354 IS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the United

4 States courthouse referred to in section 1 shall be deemed

5 to be a reference to the ‘‘Thomas F. Eagleton United

6 States Courthouse’’.

Æ
2017-0854.

#### Cincinnati Reds, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-1707. On appellant’s motion for oral argument before full court. Motion granted.
# Muñiz Air National Guard Base receives upgraded fuel capabilities

/ Published Oct. 6, 2020
MUÑIZ AIR NATIONAL GUARD BASE, Puerto Rico, 
The 156th Wing POL (petroleum, oils and lubricants) shop is receiving a new 75,000-gallon fuel tank that is funded and built by the Defense Logistics Agency for 5.3 million dollars.Before 2010, Muñiz Air National Guard Base held 150,000 gallons of fuel between two separate tanks. In 2010, one of the fuel tanks went out of service and the fuels shop has operated at a 50 percent deficit ever since. This project has been in the books since 2010 and the new tank is due to be complete in February 2021. This is one of several projects slated for Muñiz Air National Guard Base for 2020 with several more projected in 2021.“Having the fuel capacity back to 100 percent means that the 156th fuels shop will be fully operational again and able to support any mission that we are tasked with,” said Senior Master Sgt. William Perez, 156th Wing fuels superintendent. “Many of the missions that supported Hurricane Katrina and many other natural disasters were refueled from the 156th Wing.”Perez has been involved in overseeing this project since its inception in 2010. He is one of many who works in the POL shop. The men and women of the shop ensure the fuels used are of the highest quality possible. The lab specialists repeatedly test samples from the fuel tanks for contaminants with a variety of high-tech equipment, such as flash point testers, density meters and oxidation stability analyzers. If the sample is free of contaminants, the fuel is pumped into refueling trucks and sent to fuel equipment around the base. If the sample is contaminated, it is stored separately and discarded according to environmental regulations.“DLA’s continued investment in the future of the PRANG shows significant foresight and will benefit us greatly in the years to come,” said Lt. Col. Charles Comfort, the 156th Civil Engineer Squadron commander. “This fuel tank storage project is a critical asset that if not executed we would have limited capability for our flight line operations in the future and it also gives us a future stance for beddowns and aircraft capabilities.”*Editor's note: The original story can be viewed on the 156th Wing website.*
#### Daniel E. Gillespie, Respondent, v Flight Line Pub, Inc., Doing Business as Peter’s Wagon Wheel, et al., Appellants.

[768 NYS2d 410]

Lahtinen, J.

Appeal from an order of the Supreme Court (Reilly, Jr., J), entered December 3, 2002 in Schenectady County, which, inter alia, denied defendants’ motions for summary judgment dismissing the complaint.

Plaintiff, a passenger in a motor vehicle that was involved in an accident, brought an action against the driver, Renee Girard, who was allegedly intoxicated, and subsequently commenced this action against defendants, the owners of the bars where Girard allegedly consumed alcoholic beverages before the accident *(see*General Obligations Law § 11-101). The action *1015against Girard culminated in a jury verdict assessing 60% of responsibility to plaintiff and 40% to Girard. The issue of damages in that action, however, has apparently not been finally resolved *(see Gillespie v Girard,*301 AD2d 1018 [2003]). Defendants in the current action moved for summary judgment arguing that the jury’s assessment of a total of 100% liability between the two parties in the action against Girard prevented an assessment of any liability against them in this action under the doctrines of collateral estoppel and judicial estoppel. Supreme Court denied the motions and defendants appeal.

We affirm. “The fact that the plaintiff sued one tort-feasor does not automatically preclude him from suing another tortfeasor later” *(Seaman v Fichet-Bauche N. Am.,*176 AD2d 793, 794-795 [1991]; *see Pigliavento v Tyler Equip. Corp.,*233 AD2d 810, 811 [1996]; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3002:20, at 602; *cf. Hecht v City of New York,*60 NY2d 57, 62-63 [1983]). The issue of the current defendants’ culpability, if any, was not litigated in the earlier action and, thus, issue preclusion does not foreclose this action *(see Shanley v Callanan Indus.,*54 NY2d 52 [1981]). Nor is the doctrine of judicial estoppel implicated since plaintiff has not framed “his pleadings in a manner inconsistent with a position taken in a prior judicial proceeding” *(Kimco of N.Y. v Devon,*163 AD2d 573, 574 [1990]; *see Shapiro v Butler,*273 AD2d 657, 659 [2000]). Since there is no proof that a judgment for damages has been entered and satisfied in the action against Girard, there is not yet an issue regarding election of remedies or duplicative recoveries *(see*CPLR 3002 [a]; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3002:20, at 602).

Crew III, J.P., Mugglin, Rose and Kane, JJ., concur. Ordered that the order is affirmed, with costs.
# DLA Aviation hosts Air Force noncommissioned officers’ promotion ceremony

/ Published May 12, 2021
RICHMOND, Va., 
The Defense Logistics Agency Aviation recognized four Air Force noncommissioned officers assigned to several divisions throughout the command, during an Air Force promotion ceremony held in the Frank B. Lotts Conference Center on Defense Supply Center Richmond, Virginia, May 7. Due to COVID-19 restrictions attendance in the venue was limited.

Of the honorees, Cameron Peeples was promoted to technical sergeant and three (Tech. Sgt. Christopher Farris, Tech. Sgt. Lee Mendoza and Tech. Sgt. Jordan De Jesus) received recognition for their upcoming promotion to the rank of master sergeant; however, they will not be officially promoted and eligible to wear their new rank until June 1.

According to the event coordinator Air Force Master Sgt. Dalton Thomas, enlisted career broadener, Air Force Customer Facing Division, Customer Operations Directorate, DLA Aviation, this specific ceremony differs from most promotion ceremonies because it is a blend of a traditional Air Force promotion ceremony and a senior noncommissioned officer induction ceremony.

“An Air Force senior noncommissioned officer induction ceremony is a long-standing tradition to recognize the achievement of reaching the rank of master sergeant and the selfless sacrifices it takes to get there,” said Air Force Tech. Sgt. Christopher Farris, an enlisted career broadener working in the Supplier Operations Commodities Directorate of DLA Aviation. “This event recognizes members who have been selected to promote and culminates with a recitation of the SNCO creed.”

Farris went on to say that the induction ceremony differs from a promotion ceremony which recognizes all Airmen who are promoted and are putting on their new promoted rank.

“The pandemic has changed many facets of our military careers, so we have had to adapt and adjust to the times,” Thomas said. “Now that we can have a public ceremony at reduced capacity, we are combining efforts to ensure all ranks are recognized accordingly.”
No. 09-10774.

#### Darrell Lee Hall, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 851, 131 S. Ct. 107,

178 L. Ed. 2d 66,

2010 U.S. LEXIS 5858.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Pages 32894-32895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15865]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[AZ-025-06-1150-04; AZA 29318]


Public Land Order No. 7341; Withdrawal of Public Land for the 
Clay Hills Area of Critical Environmental Concern; Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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

SUMMARY: This order withdraws 1,119.24 acres of public land from 
surface entry and mining for a period of 50 years for the Bureau of 
Land Management to protect the federally endangered Arizona cliffrose 
within the Clay Hills Area of Critical Environmental Concern. The land 
has been and will remain open to mineral leasing.

EFFECTIVE DATE: June 16, 1998.

FOR FURTHER INFORMATION CONTACT: Bob Hall, BLM Kingman Field Office, 
2475 Beverly Avenue, Kingman, Arizona 86401, 520-692-4412.
    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (1994), it is ordered as follows:
    1. Subject to valid existing rights, the following described public 
land is hereby withdrawn from settlement, sale, location, or entry 
under the general land laws, including the United States mining laws 
(30 U.S.C. Ch. 2 (1994)), but not from leasing under the mineral 
leasing laws, to protect the Bureau of Land Management's Clay Hills 
Area of Critical Environmental Concern:

Gila and Salt River Meridian

    T. 14 N., R. 11 W.,
    Sec. 1, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;
    Sec 2, SE\1/4\;
    Sec 11, NE\1/4\;
    Sec 12, N\1/2\N\1/2\.
    The area described contains 1,119.24 acres in Mohave County.

    2. The withdrawal made by this order does not alter the 
applicability of those public land laws governing the use of the land 
under lease, license, or permit, or governing the disposal of their 
mineral or vegetative resources other than under the mining laws.
    3. This withdrawal will expire 50 years from the effective date of 
this order unless, as a result of a review conducted before the 
expiration date pursuant to Section 204(f) of the Federal Land Policy 
and Management Act of 1976, 43 U.S.C. 1714(f) (1994), the Secretary 
determines that the withdrawal shall be extended.


[[Page 32895]]


    Dated: June 4, 1998.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 98-15865 Filed 6-15-98; 8:45 am]
BILLING CODE 4310-32-P