alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Nelson HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1784

District Court of Appeal of Florida, Third District.

Opinion filed February 6, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
SECOND AMENDMENT


SECOND AMENDMENT 

TO THE 

ARCADIA RESOURCES, INC. 2006 EQUITY INCENTIVE PLAN



THIS SECOND AMENDMENT (this "Amendment") is made as of this 27th day of January, 2009, to the Arcadia Resources, Inc. 2006 Equity Incentive Plan, as amended by an Amendment dated July 13, 2007 (the "Plan").



RECITALS:



WHEREAS, Section 16 of the Plan provides that the Board of Directors (the "Board") of Arcadia Resources, Inc., a Nevada corporation (the "Company") shall have the complete power, authority and right, at any time, to amend, suspend or terminate the Plan in any respect which it may deem to be in the best interests of the Company; provided, however, to shareholder approval in certain specific instances; and 



WHEREAS, the Board desires to amend the Plan in order to increase the authorized number of shares available for issuance under the Plan; and 



WHEREAS, in accordance with Section 16 of the Plan and federal income tax rules governing incentive stock options, stockholders of the Company are required to approve a Plan amendment that increases the maximum aggregate number of shares to be issued under the Plan; and 



WHEREAS, the Board has determined that it is within its authority under the Plan to amend the Plan as set forth herein, that such amendment is desired and appropriate at this time and that the effectiveness of such amendment shall be subject to stockholder approval; and 



WHEREAS, the undersigned has been authorized by the Board to execute this Amendment on the Board's behalf. 



AMENDMENT:



NOW, THEREFORE, the Plan is hereby amended as follows: 


	Section 4.2 is hereby deleted and replaced in its entirety with the following: 

4.2Number of Shares.  Subject to the provision of Section 13, the maximum number of Shares which may be issued under the Plan shall be equal to five percent (5%) of the authorized shares of common stock of the Company as of the date the Plan (as amended by this Amendment) is approved by the Company's stockholders.  All of such Shares may be used for Incentive Stock Options.  The Company shall at all times with the Plan (as amended by this Amendment) is in effect reserve such number of Shares necessary to satisfy all outstanding Awards.



	 Any inconsistent provisions of the Plan shall be read consistent with this Amendment.


	Except as amended above, each and every other provision of the Plan, as effective immediately prior to this Amendment, shall remain in full force and effect without change or modification.
	The Effective Date of this Amendment shall be January 27, 2009.

 IN WITNESS WHEREOF, the undersigned, being authorized by the Board to execute this Amendment in evidence of the adoption of this Amendment by the Board, has executed this Amendment as of the date first written above. 



 

ARCADIA RESOURCES, INC.





By:  /s/ Matthew R. Middendorf 

        Matthew R. Middendorf

         Chief Financial Officer
III 

117TH CONGRESS 

2D SESSION S. RES. 792 

Expressing support for the designation of November 2022 as ‘‘National 

Alpha–1 Antitrypsin Deficiency Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2022 

Mr. SCOTT of Florida (for himself and Mr. RUBIO) submitted the following 

resolution; which was referred to the Committee on Health, Education, 

Labor, and Pensions 

RESOLUTION 

Expressing support for the designation of November 2022 

as ‘‘National Alpha–1 Antitrypsin Deficiency Awareness 

Month’’. 

Whereas an estimated 1 in every 2,500 individuals in the 

United States have the genetic disorder alpha–1 

antitrypsin deficiency (referred to in this preamble as 

‘‘Alpha–1’’); 

Whereas there are an estimated 19,000,000 carriers of 

Alpha–1 in the United States who may pass Alpha–1 on 

to their children; 

Whereas Alpha–1 can lead to lung destruction and is often 

misdiagnosed as asthma or smoking-related chronic obstructive pulmonary disease (COPD); 

Whereas Alpha–1 symptoms relating to the lungs include— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•SRES 792 IS 

(1) shortness of breath; 

(2) wheezing; 

(3) chronic bronchitis; 

(4) recurring chest colds; 

(5) less exercise tolerance; 

(6) year-round allergies; and 

(7) bronchiectasis; 

Whereas Alpha–1 occurs when there is a lack of a protein in 

the blood called alpha–1 antitrypsin, which is mainly produced by the liver; 

Whereas Alpha–1 symptoms relating to the liver include— 

(1) unexplained liver disease or elevated liver enzymes; 

(2) eyes and skin turning yellow, known as jaundice; 

(3) swelling of the abdomen, known as ascites, or 

legs; and 

(4) vomiting blood; 

Whereas Alpha–1 is the most commonly known genetic risk 

factor for emphysema; 

Whereas Alpha–1 can affect individuals at any age; 

Whereas Alpha–1 cannot be diagnosed by symptoms or by a 

medical examination alone; 

Whereas individuals who may have Alpha–1 must take a 

blood test to confirm a diagnosis; 

Whereas early diagnosis and avoiding risk factors, such as 

smoking, can help prevent Alpha–1 from causing disease; 

and 

Whereas November 2022 would be an appropriate month to 

designate as National Alpha–1 Antitrypsin Deficiency 

Awareness Month to— 

(1) raise awareness about Alpha–1; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•SRES 792 IS 

(2) encourage more individuals to get tested for 

Alpha–1 if they present symptoms: Now, therefore, be it 

1 Resolved, That the Senate supports the designation 

2 of November 2022 as ‘‘National Alpha–1 Antitrypsin De3 ficiency Awareness Month’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
저는 집에서 쉬었어야 했어요.

저는 몸이 너무 안 좋아서 잠에서 깼어요. 설사 오로지 누워 있고 싶은 생각뿐이었지만 납부할 고지 저는 출근해서 출근 도장을 찍었습니다. 분명히 제 

를 하면서 동시에 병이 난 거죠. 서가 쌓여 있으니 집에서 쉴 처지가 아니었지요.. 느낌만큼이나 몸이 안 좋아 보였을 거예요. 일할 수 

있는 몸 상태가 아니라는 걸 알고 있었어요.

주문이 밀려 들어왔고 저는 곧바로 햄버거를 만들 카를로스는 가족과 함께 즐거운 시간을 보내는 중이었 음식이 나오자 그는 곧바로 식사를 시작

기 시작했어요.. 죠. 그는 이 식당을 즐겨 찾거든요. 했고 자신의 햄버거를 다 먹은 다음에 여

동생 것도 조금 더 먹었어요.

그날 밤 카를로스는 심하게 복통을 앓았고 결국 응 아픈 상태에서 제가 조리한 음식을 먹고 병 제 생각이 옳았어요. 그때 저는 집에서 쉬어야 했어요.. 한동

급실로 실려 갔지요. 에 걸린 사람이 33명이나 된다는 걸 알았 안 식당이 문을 닫는 바람에 소득이 없어졌고 그래서 생활고

어요. 보건 당국은 저희 식당을 폐쇄했습 에 시달렸습니다.

니다.

어디서든 사람의 건강을 보호하십시오. 질병에 걸리면 집에서 쉬십시오.
EXHIBIT 32.2

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Annual Report on Form 10-K of Red Sun Mining, Inc. (the
"Company") for the year ended July 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), Matthew Taylor, as Chief
Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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: October 14, 2008                   By: /s/ Matthew Taylor
                                             -----------------------------------
                                             Matthew Taylor
                                             Chief Financial Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shalL not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7736

DERRICK LAMONT WATKINS,

Petitioner - Appellant,

v.

JOE HARRON,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Fox, Senior 

District Judge. (5:11-hc-02181-F)

Submitted: January 22, 2013 Decided: January 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Derrick Lamont Watkins, Appellant Pro Se. Clarence Joe 

DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Derrick Lamont Watkins seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2254 (2006)

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Watkins has not made the requisite showing. Accordingly, 

we deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED
[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Notices]
[Page 25978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11760]



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


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of approved Tribal/State Compact.

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

SUMMARY: Pursuant to 25 U.S.C. Sec. 2710, of the Indian Gaming 
Regulatory Act of 1988 (Pub. L. 100-497), the Secretary of the Interior 
shall publish, in the Federal Register, notice of approved Tribal/State 
Compacts for the purpose of engaging in Class III (casino) gambling on 
Indian reservations. The Assistant Secretary--Indian Affairs, 
Department of the Interior, through her delegated authority, has 
approved the Compact Between the Pueblo of Acoma and the State of New 
Mexico, which was executed on February 15, 1995.

DATES: This action is effective May 15, 1995.

FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Indian Gaming Management Staff, Bureau of 
Indian Affairs, Washington, D.C. 20240, (202) 219-4068.

    Dated: April 24, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-11760 Filed 5-12-95; 8:45 am]
BILLING CODE 4310-02-M
George Rufus MAPP, petitioner, v. UNITED STATES.

No. 12-9520.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Tom GONZALES, as Personal Representative of the Estate of Thomas J. Gonzales, II, petitioner, v. UNITED STATES.

No. 12-1179.

Supreme Court of the United States

April 29, 2013.

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

109TH CONGRESS 

1ST SESSION H. R. 140 

To promote the use of anaerobic digesters by agricultural producers and 

rural small businesses to produce renewable energy and improve environmental quality. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. MCHUGH introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To promote the use of anaerobic digesters by agricultural 

producers and rural small businesses to produce renewable energy and improve environmental quality. 

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

3 SECTION 1. USE OF ANAEROBIC DIGESTERS TO PRODUCE 

4 RENEWABLE ENERGY. 

5 Section 9006(a) of the Farm Security and Rural In6 vestment Act of 2002 (7 U.S.C. 8106(a)) is amended— 

7 (1) in paragraph (1), by striking ‘‘and’’ at the 

8 end; 
2 

•HR 140 IH 

1 (2) in paragraph (2), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(3) promote the use of anaerobic digesters to 

5 produce renewable energy.’’. 

6 SEC. 2. USE OF ANAEROBIC DIGESTERS TO IMPROVE ENVI7 RONMENTAL QUALITY. 

8 Section 1240A(6)(A) of the Food Security Act of 

9 1985 (16 U.S.C. 3839aa–1) is amended by inserting ‘‘(in10 cluding an anaerobic digester)’’ after ‘‘site-specific animal 

11 waste management facility’’. 

Æ
##### 



Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Lukas
Braunschweiler, the Chief Executive Officer of Dionex Corporation (the
Company), hereby certifies that, to the best of his knowledge:



| | 1. |  | The Companys Quarterly Report on Form 10-Q for the quarter ended
September 30, 2003, to which this Certification is attached as Exhibit
32.1 (the Periodic Report), fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934,
and
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | The information contained in the Periodic Report fairly presents,
in all material respects, the financial condition and results of
operations of the Company.                                                                                                                            

By:
    
    /s/ Lukas BraunschweilerName:
    
    Lukas BraunschweilerTitle:
    
    President, Chief Executive Officer and DirectorDated:
    
    October 31, 2003
V 

109TH CONGRESS 

1ST SESSION H. R. 1484 

For the relief of Syan Simeonov Stoyanov. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2005 

Mr. DAVIS of Illinois introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Syan Simeonov Stoyanov. 

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR STOYAN 

4 SIMEONOV STOYANOV. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Stoyan Simeonov Stoyanov shall be eligible for 

8 issuance of an immigrant visa or for adjustment of status 

9 to that of an alien lawfully admitted for permanent resi10 dence upon filing an application for issuance of an immi11 grant visa under section 204 of such Act or for adjustment 

12 of status to lawful permanent resident. 
2 

•HR 1484 IH 

1 (b) ADJUSTMENT OF STATUS.—If Stoyan Simeonov 

2 Stoyanov enters the United States before the filing dead3 line specified in subsection (c), he shall be considered to 

4 have entered and remained lawfully and shall, if otherwise 

5 eligible, be eligible for adjustment of status under section 

6 245 of the Immigration and Nationality Act as of the date 

7 of the enactment of this Act. 

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees 

12 within 2 years after the date of the enactment of this Act. 

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

14 Upon the granting of an immigrant visa or permanent res15 idence to Stoyan Simeonov Stoyanov, the Secretary of 

16 State shall instruct the proper officer to reduce by 1, dur17 ing the current or next following fiscal year, the total num18 ber of immigrant visas that are made available to natives 

19 of the country of the alien’s birth under section 203(a) 

20 of the Immigration and Nationality Act or, if applicable, 

21 the total number of immigrant visas that are made avail22 able to natives of the country of the alien’s birth under 

23 section 202(e) of such Act. 

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural 
3 

•HR 1484 IH 

1 parents, brothers, and sisters of Stoyan Simeonov 

2 Stoyanov shall not, by virtue of such relationship, be ac3 corded any right, privilege, or status under the Immigra4 tion and Nationality Act. 

Æ
OKLAHOMA, petitioner, v. Angela Michelle WOLF.

No. 12-1035.

Supreme Court of the United States

June 10, 2013.

Motion of respondent for leave to proceed *in forma pauperis* granted. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.
Isaac C. FLAGG, petitioner, v. FLORIDA.

Karleen Doris Bonow, petitioner, v. Florida; Ulysses Alonzo Brown, petitioner, v. Florida; Thomas Jefferson Ford, petitioner, v. Florida; Frank Lee Masselino, petitioner, v. Florida; James Allen Prince, petitioner, v. Florida; and Henry Ptomy, petitioner, v. Florida.

No. 12-8374.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.
EX-35.8
(logo) ncb

2011 Crystal Drive
Suite 800
Arlington, Virginia 22202
TEL (703) 302-8000
TOLL (800) 955-9622
FAX (703) 647-3460

March 3, 2008

Wells Fargo Bank, N.A.
Attention: Corporate Trust Services (CMBS) - CSFB 2007 C4
9062 Old Annapolis Road
Columbia, Maryland 21045-1951

RE: Annual Statement as to Compliance
    CSFB Series 2007 C4

Dear Sir/Madam:

In accordance with the Pooling and Servicing Agreement herewith is the
Officer's Certificate.

(A) a review of such Certifying Servicer's activities during the preceding
fiscal year or portion thereof and of such Certifying Servicer's performance
under this Agreement (or the applicable Sub-Servicing Agreement, as the case may
be), has been made under such officer's supervision and

(B) to the best of my knowledge, based on such review, such Certifying Servicer
has fulfilled all its obligations under this Agreement, or the applicable
Sub-Servicing Agreement in the case of an Additional Servicer, in all material
respects throughout such year or portion thereof, or, if there has been a
failure to fulfill any such obligation in any material respect, specifying each
such failure known to such officer and the nature and status thereof. Please
note that the annual financial statement will be sent under separate cover on or
before March 31, 2008.



Sincerely,


/s/ Michelle Connelly
Michelle Connelly
Senior Vice President, Investor Compliance
NCB
NCB, FSB


www.ncb.coop

Banking & Financial Services
Cooperative Expansion
Economic Development


NCB refers to National Consumer Cooperative Bank and its subsidiaries
(primarily NCB, FSB and NCB Financial Advisors, Inc.), its affiliated
non-profit corporation, NCB Capital Impact, and also NCB Community Works, which
is jointly owned by NCB and NCB Capital Impact. Each is a separate entity
within the NCB Financial Group.
Donald C. BROCKBANK, petitioner, v. FLORIDA.

No. 12-9123.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.
#### Mimmi Kifle SHEWAGA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 03-2371.

United States Court of Appeals, Fourth Circuit.

Submitted April 30, 2004.

Decided May 17, 2004.

Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Norah Ascoli Schwartz, Senior Litigation Counsel, John S. Hogan, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before WIDENER, WILKINSON, and SHEDD, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Mimmi Kifle Shewaga, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming without opinion an immigration judge’s denial of her applications for asylum and withholding of removal.*

*897On appeal, Shewage raises challenges to the immigration judge’s determination that she failed to establish her eligibility for asylum. To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evidence [s]he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” *INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct.*812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Shewaga fails to show that the evidence compels a contrary result. Accordingly, we cannot grant the relief that Shewaga seeks.

Additionally, we uphold the immigration judge’s denial of Shewaga’s request for withholding of removal. The standard for withholding of removal is more stringent than that for granting asylum. *Chen v. U.S. INS,*195 F.3d 198, 205 (4th Cir.1999). To qualify for withholding of removal, an applicant must demonstrate “a clear probability of persecution.” *INS v. Cardoza-Fonseca,*480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). Because Shewaga fails to show that she is eligible for asylum, she cannot meet the higher standard for withholding of removal.

Accordingly, we deny the petition for review. 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.

*PETITION DENIED*

*

 The immigration judge and the BIA denied relief under the United Nations’ Convention Against Torture ("CAT”) in their respective decisions. However, as the Government correctly notes, Shewaga never applied for protection under CAT during her litigation below, nor does she raise any substantive claim on appeal. Accordingly, we consider only the denial of her applications for asylum and withholding of removal.
Charles Alexander RYAHIM, petitioner, v. Ray HOBBS, Director, Arkansas Department of Correction, et al.

No. 12-9805.

Supreme Court of the United States

Aug. 12, 2013.

Petition for rehearing denied.