alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-50116

Conference Calendar

 

MITCHEL PITRE,

Plaintiff-Appellant,

versus

J. TOMMIE; N. ARMSTRONG; JUAN R. PASENO;

JUAN F. GAYTAN,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-96-CV-34

- - - - - - - - - -

June 25, 1996

Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Mitchel Pitre, no. 593925, appeals the dismissal of his

prisoner civil rights complaint as frivolous. Pitre contends

that he was a victim of sex discrimination due to the removal of

female guards from his pod in administrative segregation; that

the conditions of his confinement violated the Eighth Amendment

due to the occasional denial of showers, clean clothes, clean
No. 96-50116

- 2 -

sheets, and breakfast trays; that his rights were violated

because the prisoners on his pod were labeled troublemakers and

“mess-ups”; that defendant Brysch conspired with the other

defendants to deprive him of access to the courts; and that the

district court erred by imposing costs on him.

We have reviewed the record, Pitre’s brief, and the district

court’s order and we have found no reversible error. Regarding

all of Pitre’s claims other than his conditions-of-confinement

contention, we find the appeal from the dismissal of those claims

frivolous for essentially the reasons relied upon by the district

court. See Pitre v. Tommie, no. SA-96-CA-034 (W.D. Tex. Jan. 22,

1996). Regarding Pitre’s conditions-of-confinement contention,

the deprivations of which he complains were occasional and de

minimis and therefore did not infringe on his constitutionally

protected rights. Ammons v. Baldwin, 705 F.2d 1445, 1448 (5th

Cir. 1983), cert. denied, 465 U.S. 1006 (1984). Because the

appeal is frivolous, it is dismissed.

We caution Pitre that any additional frivolous appeals filed

by him will invite the imposition of sanctions. To avoid

sanctions, Pitre is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous because they previously have been decided by this

court.

Finally, because Pitre’s appeal is frivolous, his motion for

a protective order is DENIED.
No. 96-50116

- 3 -

APPEAL DISMISSED. 5TH CIR. R. 42.2. SANCTIONS WARNING

ISSUED.
Court of Appeals

of the State of Georgia

ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14D0425. JAMES LAMAR RILEY v. THE STATE.

May 1, 2014, the trial court entered an order revoking James Lamar Riley’s

probation. On June 23, 2014, Riley filed this application for discretionary appeal

seeking review of that order. 

An application for discretionary appeal must be filed within 30 days of entry

of the order to be appealed. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-

35 are jurisdictional and this court cannot accept an appeal not made in compliance

therewith.” Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989); see also Gable

v. State, 290 Ga. 81, 82-83 (2) (a) (720 SE2d 170) (2011). Because Riley’s

application was filed 53 days after entry of the order he seeks to appeal, it is untimely.

We thus lack jurisdiction to consider this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,__________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

07/16/2014

July 16, 2014
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-2002

TAQI EYR HHAMUAL HESED EL a/k/a Bro T. Hesed-El,

Plaintiff - Appellant,

v.

ROBIN BRYSON, Licensed Clinical Social Worker, in his individual and official 

capacity; MISSION HOSPITAL, INC.; ANC HEALTHCARE, INC.; ADAM 

HERZOG, Employee of Mission Hospital and/or ANC; STIRLING BARLOW, 

Employee of Mission Hospital and/or ANC,

Defendants - Appellees,

and

JOHN DOE, Hospital Does 1-20, in their individual and official capacities,

Defendants.

Appeal from the United States District Court for the Western District of North Carolina, at 

Asheville. Martin K. Reidinger, Chief District Judge. (1:21-cv-00305-MR-WCM)

Submitted: March 21, 2023 Decided: March 23, 2023

Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

USCA4 Appeal: 22-2002 Doc: 20 Filed: 03/23/2023 Pg: 1 of 3
2

Bro T. Hesed-El, Appellant Pro Se. Richard Samuel Daniels, PATLA, STRAUS, 

ROBINSON & MOORE, PA, Asheville, North Carolina; Phillip Theodore Jackson, Daniel 

H. Walsh, ROBERTS & STEVENS, PA, Asheville, North Carolina; Adam F. Peoples, 

HALL BOOTH SMITH, PC, Asheville, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-2002 Doc: 20 Filed: 03/23/2023 Pg: 2 of 3
3

PER CURIAM:

Bro. T. Hesed-El seeks to appeal the district court’s order dismissing some 

Defendants outright and dismissing certain of his claims against the remaining Defendants. 

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain 

interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. 

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Hesed-El seeks to 

appeal is neither a final order nor an appealable interlocutory or collateral order. 

Accordingly, we dismiss the appeal for lack of jurisdiction. 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

USCA4 Appeal: 22-2002 Doc: 20 Filed: 03/23/2023 Pg: 3 of 3
<PAGE>

Exhibit 10.3
Promissory Note

Lender: Corporacion Pipasa, S,A,
Borrower: Inversiones La Ribera, S.A.
Amount: $585,170
Currency: U.S. Dollars
Interest Rate: 8.00% fixed rate
Date of issuance: January 31, 2002
Due date: Due on demand
1 — U.S. BUREAU O F LABO R STATISTIC S • b ls.g o v

K2: Testing a New Combined Race/Ethnicity 

Question in Establishment Surveys

Agency Findings and Results

Rebecca L. Morrison

Director, Behavioral Science Research Center

Office of Survey Methods Research

FCSM Research & Policy Conference

October 25, 2023
1997’s SPD 15

Standards for Maintaining, Collecting, & Presenting Federal Data on Race & Ethnicity

Two-Questions Format for 

Self-Response with Minimum Categories

Source: https://www.govinfo.gov/content/pkg/FR-1997-10-30/pdf/97-28653.pdf

Note: SPD 15 does not dictate the order in which the minimum categories

should be displayed on Federal information collections. Agencies generally order

alphabetically, as shown here, or by population size. PRE-DECISIONAL + DELIBERATIVE - DO NOT CIRCULATE 2
Revising SPD 15

Where Are We?

→ June 2022: Chief Statistician of the United States (CSOTUS) announced formal review to revise 

SPD 15 and convening of Federal Interagency Technical Working Group on Race and Ethnicity 

Standards (Working Group)

→ January 2023: OMB released Federal Register Notice which includes Working Group’s initial 

proposals on revising SPD 15, open from January 27 – April 27

→ Fall 2023: CFO Act Agencies, recognized Statistical Agencies, and EEOC vote on 

recommendations

PRE-DECISIONAL + DELIBERATIVE - DO NOT CIRCULATE 3
January 2023 Federal Register Notice

Initial Proposed Example Designs for 

Self-Response Data Collections

4

Combined Question with 

Minimum and Detailed Categories

Combined Question with 

Minimum Categories

PRE-DECISIONAL + DELIBERATIVE - DO NOT CIRCULATE
Working Group Conducting Additional Research

To Supplement Extensive Knowledge 

Example Research Areas:

1. Combined question without Some Other Race category

2. Modifications to question stem and instructions

3. Establishment and business surveys

4. Bridging factors

Examples of Methods:

1. Exploratory interviews

2. Cognitive interviews

3. Respondent debriefings

4. Unmoderated online testing

5. Split-sample ballot testing

The Working Group is collaborating with multiple 

agencies on conducting qualitative and quantitative 

testing. Participating agencies include:

• Bureau of Justice Statistics*

• Bureau of Labor Statistics*

• Census Bureau*

• Department of Defense*

• Department of Housing and Urban Development

• Energy Information Administration

• General Services Administration

• National Center for Education Statistics*

• National Center for Health Statistics*

• National Center for Science and Engineering 

Statistics*

• Substance Abuse and Mental Health Services 

Administration*

• U.S. Department of Agriculture, National Agricultural 

Statistics Service*

PRE-DECISIONAL + DELIBERATIVE - DO NOT CIRCULATE 5
6 — U.S. BUREAU O F LABO R STATISTIC S • b ls.g o v

Contact Information

Rebecca L. Morrison

Director, Behavioral Science Research Center

Office of Survey Research Methods

www.bls.gov/osmr

202-691-5715

Morrison.Rebecca@bls.gov
Linda R. SULLY et al. v. Judith W. THYE

1160527

Supreme Court of Alabama.

December 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Order entered February 14, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01308-CV

IN RE MICHAEL DEWAYNE RICKETT, Relator

Original Proceeding from the Probate Court No. 2

Dallas County, Texas

Trial Court Cause No. PR-17-00604-2

ORDER

Before Justices Bridges, Osborne, and Carlyle

By order issued December 5, 2019, the court requested a response in this mandamus 

proceeding. On December 16, 2019, the respondent, the Honorable Ingrid M. Warren, filed a 

response, but inadvertently filed it under cause no. 05-19-00523-CV instead of the current cause 

number.

We DIRECT the Clerk of the Court to transfer the Response to the Petition for Writ of 

Mandamus filed on December 16, 2019 by the Honorable Ingrid M. Warren from the case file in 

cause no. 05-19-00523-CV to the case file in cause no. 05-19-01308-CV.

/s/ CORY L. CARLYLE 

JUSTICE
**EXHIBIT      32.1**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

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

|   | (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 the operation of                the                Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                  |   |   |   |
|-------------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/ Lincoln              M. Dastrup                                                              |   |   |   |
| Lincoln                M. DastrupChief                Executive OfficerAugust                17, 2007 |   |   |        |

----
EXHIBIT 32.1
 
 CERTIFICATION PURSUANT TO
 18 U.S.C. 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 In connection with the Quarterly Report of Two Rivers Water Company on Form 10-Q for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John McKowen Chief Executive Officer and Chairman of the Board of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 
 Dated:  May 14, 2010
By: /s/ John McKowenChief Executive Officer & Chairman of the Board
Harvey DAVIS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-1271

District Court of Appeal of Florida, Second District.

May 14, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
ZHONG HUANG, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3966

District Court of Appeal of Florida, Second District.

Opinion filed April 24, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Chetwin D. JACKSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1404

District Court of Appeal of Florida, First District.

May 24, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Statement of FCA Board Member Jill Long Thompson

at the FCA Board Meeting

April 14, 2011

I am very pleased that we have reached the point where the Board is voting on a proposed rule 

to ensure the Farm Credit System strategically addresses diversity in human capital and 

marketing plans. I appreciate the commitment of FCA employees, particularly Office of 

Regulatory Policy and Office of General Counsel staff, for their hard work in developing this 

proposed rule. I am disappointed, however, that the purpose of the proposed rule, ensuring a 

commitment to diversity in the Farm Credit System, has been expanded to include the 

provisions on pages 6 and 7 related to the advancement of local food systems. I have long been 

a strong advocate of locally grown and marketed foods and believe it is important that the Farm 

Credit System recognize the potential opportunities in that market. But, the issue at hand is 

diversity in employment and diversity among the borrower population in the Farm Credit 

System. Addressing the kinds of farming operations financed by the System is a separate issue.

To me it makes no sense to combine two significant, but very distinct, issues into one 

regulation. Combining them diminishes the significance of each and I would hope we could 

address both of these important issues separately in the future.

As everyone here knows, the issue of diversity in the System has been a priority for me since 

the first day of my appointment to the Board. And I truly appreciate that we have reached this 

moment. I am uncomfortable, however, that we are combining two important issues into one 

regulation; nevertheless, I will be voting in support of this proposed rule because we need to 

keep moving forward to advance diversity in the Farm Credit System.
Derrick Christopher SMITH, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1180

District Court of Appeal of Florida, First District.

May 10, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 15 Enrolled Bill (ENR)]

        S.J.Res.15

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

           Begun and held at the City of Washington on Sunday,
          the third day of January, two thousand and twenty one

                            Joint Resolution

 
  Providing for congressional disapproval under chapter 8 of title 5, 
     United States Code, of the rule submitted by the Office of the 
Comptroller of Currency relating to ``National Banks and Federal Savings 
                       Associations as Lenders''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Office of the Comptroller of Currency relating to 
``National Banks and Federal Savings Associations as Lenders'' (85 Fed. 
Reg. 68742 (October 30, 2020)), and such rule shall have no force or 
effect.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
----

----

| Date:   November 16, 2009 | /s/Daniel R. Herndon             |
|-------------------------------------|----------------------------------------------------------------------------------------------|

|   | Name:  Daniel R. Herndon |
|--------|-------------------------------|

|   | Title:     President and Chief Executive Officer |
|--------|---------------------------------------------------------------------------|

|   |   |
|--------|--------|

| Date:   November 16, 2009 | /s/Clyde D. Patterson             |
|-------------------------------------|-----------------------------------------------------------------------------------------------|

|   | Name:  Clyde D. Patterson |
|--------|--------------------------------|

|   | Title:    Executive Vice President and Chief Financial Officer |
|--------|--------------------------------------------------------------------------|

|   |              (Principal Financial and Accounting Officer) |
|--------|-----------------------------------------------------------------------------------------------------------------------|
Rodney A. SOLOMON, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2500

District Court of Appeal of Florida, Third District.

Opinion filed February 13, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 1378

In re: ROBERT SIGLER , Movant

.

On Petition for Writ of Mandamus

. ( 5:19

- ct

- 03335

- D )

Submitted : June 18, 2020 Decided: June 23, 2020

Before FLOYD, THACKER, and RUSHING , Circuit Judges.

Petition denied by un published per curiam opinion

.
Robert T. Sigler, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert Sigler petitions for a writ of mandamus seeking an order directing the district court to liberally construe his 42 U.S.C. § 1983 (2018) complaint and to order the defendants to pay Sigler $700,000 in punitive damages . We conclude that Sigler is not
entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Cheney v. U.S. Dist. Court , 542 U.S. 367, 380 (2004) ; In re Murphy

- Brown, LLC , 907 F.3d 788, 795 (4th Cir. 2018) . Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy

- Brown , 907 F.3d at 795. As relevant here, mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp. , 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Sigler is not available by way of mandamus. Accordingly, we deny the petition for a writ of mandamus. 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.
PETITION DENIED
Donald W. BENEFIELD v. Brenda Lee BENEFIELD

2160840

Court of Civil Appeals of Alabama.

January 12, 2018

Affirmed.
EXHIBIT 32.1

CERTIFICATION OF PERIODIC REPORT

The undersigned Chief Executive Officer, Director and President and Executive Vice President and Chief Financial Officer of Marquee
Holdings Inc. (the "Company"), each hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)   the
Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2010 (the "Report") fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated:
November 9, 2010

/s/ GERARDO I. LOPEZ Gerardo I. Lopez Chief Executive Officer, Director and President/s/ CRAIG R. RAMSEY Craig R. Ramsey Executive Vice President and
Chief Financial Officer


[A
signed original of this written statement required by Section 906 has been provided to Marquee Holdings Inc. and will be retained by Marquee
Holdings Inc. and furnished to the Securities and Exchange Commission or its staff upon request.]

---



QuickLinks
Ali Reza SAMANIFAR v. Ahmad RAHIMINEIJAD

2170066

Court of Civil Appeals of Alabama.

March 30, 2018

Affirmed.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LAKEITH AMIR-SHARIF, #05081644, )

Plaintiff, )

)

v. ) 3:06-CV-0408-M

) ECF

SHERIFF LUPE VALDEZ, et al., )

Defendants. )

ORDER

After making an independent review of the pleadings, files and records in this case, and

the Findings, Conclusions and Recommendation of the United States Magistrate Judge dated

October 25, 2007, the Court finds that the Findings and Conclusions of the Magistrate Judge are

correct and they are accepted as the Findings and Conclusions of the Court.

IT IS, THEREFORE, ORDERED that the Findings, Conclusions and Recommendation

of the Magistrate Judge are accepted; therefore, Defendants’ motion to dismiss (Docket # 84) is

DENIED, except in connection with Plaintiff’s equitable relief claims, which are DISMISSED as

moot.

SO ORDERED this 21 day of November, 2007. st

_________________________________

BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS
EXHIBIT
32.1





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 Education Realty Trust, Inc. (the
“Company”) on Form 10-Q for the period ended June 30, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Randy
Churchey, Chief Executive Officer of the Company, certify, in my capacity as an
officer of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
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.





Date:
August 5, 2010


/s/ Randy ChurcheyRandy
      ChurcheyChief
      Executive Officer





In
accordance with SEC Release No. 34-47986, this Exhibit is furnished to the
SEC as an accompanying document and is not deemed “filed” for purposes of
Section 18 of the Securities Exchange Act of 1934 or otherwise subject to
the liabilities of that Section, nor shall it be deemed incorporated by
reference into any filing under the Securities Act of 1933.