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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-7011

ASKARI DANSO MS LUMUMBA, 

Plaintiff - Appellant, 

v. 

CHADWICK DOTSON; JOSEPH W. WALTERS; DAVID ANDERSON; BARRY 

KANODE; D. HAYNES; J. SPANGLER; STURDIVANT; JOHN DOE, K-9 Officer 

River North, 

Defendants - Appellees. 

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

Roanoke. Michael F. Urbanski, Chief District Judge. (7:22-cv-00396-MFU-JCH) 

Submitted: May 30, 2024 Decided: June 3, 2024

Before GREGORY and HARRIS, Circuit Judges, and MOTZ, Senior Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Askari Danso MS Lumumba, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 

USCA4 Appeal: 23-7011 Doc: 13 Filed: 06/03/2024 Pg: 1 of 2
2

PER CURIAM: 

Askari Danso MS Lumumba appeals the district court’s order dismissing his

42 U.S.C. § 1983 civil action under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A(b)(1)

for failure to state a claim upon which relief could be granted. We have reviewed the 

record and find no reversible error. Accordingly, we affirm the district court’s order. 

Lumumba v. Dotson, No. 7:22-cv-00396-MFU-JCH (W.D. Va. Sept. 14, 2023). 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

AFFIRMED

USCA4 Appeal: 23-7011 Doc: 13 Filed: 06/03/2024 Pg: 2 of 2
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23 - 0444 STATE OF MONTANA,

Plaintiff and Appellee, v. NICOLE LEE HUNT,

Defendant and Appellant .

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including January 5, 2024 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

November 28 2023

11/28/2023
Case Number: DA 23-0444
EXHIBIT 32.1

                  CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


      I, Xiao Ping Zhang, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of SORL AUTO PARTS, INC. on Form 10-QSB for the fiscal quarter
ended June 30, 2005 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such Quarterly Report on Form 10-QSB fairly presents in all material respects
the financial condition and results of operations of SORL AUTO PARTS, INC.

Date:  August 10, 2005

/s/ Xiao Ping Zhang
-------------------
Xiao Ping Zhang
Chief Executive Officer
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

MARK D. BERGNER, )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:15-cv-00381-SLC

)

COMMISSIONER OF SOCIAL )

SECURITY ADMINISTRATION, sued )

 as Nancy A. Berryhill, Acting )

Commissioner of SSA,

1 )

)

Defendant. )

OPINION AND ORDER

On December 14, 2017, this Court entered an Opinion and Order reversing the

Commissioner’s decision and remanding the case to the Commissioner for further proceedings. 

(DE 23). On March 13, 2018, Plaintiff Mark D. Bergner filed the instant motion to recover

attorney’s fees in the amount of $7,143.00 for 37.4 hours of billed time at a rate of $191.00 per

hour under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, together with

supporting documents. (DE 26; DE 26-1; DE 26-2). 

The EAJA provides:

Except as otherwise specifically provided by statute, a court shall

award to a prevailing party other than the United States fees and

other expenses . . . incurred by that party in any civil action . . . ,

including proceedings for judicial review of agency action,

brought by or against the United States in any court having

jurisdiction of that action, unless the court finds that the position of

the United States was substantially justified or that special

1 Nancy A. Berryhill is now the Acting Commissioner of Social Security, see Casey v. Berryhill, 853 F.3d

322 (7th Cir. 2017), and thus, she is automatically substituted for Carolyn W. Colvin in this case, see Fed. R. Civ. P.

25(d).
circumstances make an award unjust. 

28 U.S.C. § 2412(d)(1)(A). The Commissioner did not file a response, and its time to do so has

now passed. N.D. Ind. L.R. 7-1(d)(2)(A).

Therefore, the Court GRANTS Bergner’s motion for attorney’s fees under the EAJA in

the amount of $7,143.00. (DE 26). Accordingly, it is ORDERED that an award of attorney’s

fees in the sum of $7,143.00 shall be paid by the Commissioner to Bergner. Any fees paid

belong to Bergner and not his attorney and may be offset to satisfy any pre-existing debt that

Bergner owes to the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010). If counsel for the

Commissioner can verify that Bergner does not owe any pre-existing debt subject to offset, the

Commissioner shall direct that the award be made payable to Bergner’s counsel pursuant to the

Federal District court Fee Agreement (DE 26-1 at 10-11) executed by Bergner and his counsel. 

SO ORDERED.

Entered this 3rd day of May 2018.

/s/ Susan Collins 

Susan Collins

United States Magistrate Judge

2
Louis Antonio BRYANT, petitioner, v. UNITED STATES.

No. 13-5359.

Supreme Court of the United States

Dec. 2, 2013.

Petition for rehearing denied.

Justice KAGAN took no part in the consideration or decision of this petition.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1748 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1748

To require labor organizations to guarantee members the opportunity to 
               vote on contracts prior to work stoppage.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

   Mr. Norwood (for himself, Mr. Kingston, Mr. Deal of Georgia, Mr. 
Linder, Mr. Garrett of New Jersey, Mr. Akin, and Mr. Burton of Indiana) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To require labor organizations to guarantee members the opportunity to 
               vote on contracts prior to work stoppage.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Union Member Freedom From Strikes 
Act of 2005''.

SEC. 2. MEMBERSHIP RIGHT TO VOTE ON CONTRACTS.

    Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) to strike an employer unless the employees of the 
        collective bargaining unit engaged in the strike have voted by 
        secret ballot to reject the last contract offer proposed by 
        such employer; and''.
                                 <all>
```
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 Arbor Entech Corporation (the Company) on Form 10-Q for the quarter ended July 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brad Houtkin, President and Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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:  September 14, 2010 /s/ Brad Houtkin. Brad Houtkin President and Chief Financial Officer
Michael J. KANODE, petitioner, v. Derek C. SWOPE, Judge, Circuit Court of West Virginia, Mercer County, et al.

No. 12-9878.

Supreme Court of the United States

June 24, 2013.

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

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1904

           To suspend temporarily the duty on lutetium oxide.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2005

  Mr. DeLay introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
           To suspend temporarily the duty on lutetium oxide.

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

SECTION 1. LUTETIUM OXIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.04.75       Lutetium oxide     Free         No change        No change        On or before 12/  ''.
                         (CAS No. 12032-20-                                                 31/2009
                         1) (provided for
                         in subheading
                         2846.90.80)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<PAGE>
                                  EXHIBIT 10.21

                SCHEDULE OF PERFORMANCE AWARD AGREEMENTS - TYPE B

The following have executed Performance Award Agreements substantially in the
form of the agreement attached as Exhibit 10.20 (the "Exhibit") to the Valero
Energy Corporation Form 10-K for the year ended December 31, 2003.

Keith D. Booke
Michael S. Ciskowski
Gregory C. King
William R. Klesse

The following information sets forth the material details in which the
Performance Award Agreements described in this Schedule differ from the Exhibit.

Keith D. Booke

Performance Award Agreement dated January 14, 2004 (for 8,100 Performance
Shares)

Performance Award Agreement dated January 22, 2003 (for 11,000 Performance
Shares)

Performance Award Agreement dated January 17, 2002 (for 11,000 Performance
Shares)

Michael S. Ciskowski

Performance Award Agreement dated January 14, 2004 (for 8,100 Performance
Shares)

Performance Award Agreement dated January 22, 2003 (for 7,000 Performance
Shares)

Performance Award Agreement dated January 17, 2002 (for 5,000 Performance
Shares)

Gregory C. King

Performance Award Agreement dated January 23, 2003 (for 15,000 Performance
Shares)

Performance Award Agreement dated January 17, 2002 (for 11,000 Performance
Shares)

William R. Klesse

Performance Award Agreement dated January 14, 2004 (for 10,800 Performance
Shares)

Performance Award Agreement dated January 22, 2003 (for 14,000 Performance
Shares)

Performance Award Agreement dated January 17, 2002 (for 14,000 Performance
Shares)
Michael Lee McLEOD, petitioner, v. Larry W. JARVIS, Warden.

No. 12-10718.

Supreme Court of the United States

Nov. 18, 2013.

Petition for rehearing denied.
1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

JESSE WAYNE REID, JR., ) 

 ) 

Plaintiff, ) 

 ) 

v. ) No. 1:15-CV-286-JD 

 ) 

RAY MABUS, et al., ) 

 ) 

Defendant. ) 

OPINION AND ORDER

 Plaintiff Jesse Wayne Reid, Jr. filed a pro se complaint on October 2, 2015 as well as a 

petition for leave to proceed in forma pauperis. [DE 1; DE 2]. In his complaint, Mr. Reid sued 

nineteen defendants, including several high-ranking federal officials. He claims, inter alia, that 

the “Navy Sea Systems Command in Washington D.C.” sent “a wireless signal via satellite in 

real time to harass him electronically using synthetic technology because of law suits he filed 

against the federal government.” [DE 1 at 2]. Mr. Reid has filed these allegations in numerous 

other federal district courts. See, e.g., Reid v. Mabus, No. 2:15-CV-2165-PKH (W.D. Ark. Oct. 

9, 2015); Reid v. Mabus, No. 1:15-CV-1537 (D.D.C. Sept. 21, 2015). The outlandish nature of 

Mr. Reid’s claims and his numerous duplicative filings indicate that Mr. Reid’s complaint is 

frivolous. See Reid v. Mabus, No. 2:15-CV-2165-PKH dkt. 4 (W.D. Ark. Oct. 9, 2015). 

Accordingly, this matter is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) 

and Mr. Reid’s petition to proceed in forma pauperis is DENIED as moot. 
2 

SO ORDERED. 

 ENTERED: October 19, 2015 

 

 /s/ JON E. DEGUILIO 

 Judge 

 United States District Court
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEON LAMAR FLETCHER, ) ) Appellant, ) ) v. ) Case No. 2D17-1817 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed November 7, 2018. Appeal from the Circuit Court for Lee County; Maria E. Gonzalez, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal Ahmed Faruqui, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.

Affirmed. LaROSE, C.J., and NORTHCUTT and ROTHSTEIN-YOUAKIM, JJ., Concur.
**EXHIBIT 31.2****CERTIFICATIONS**I, Alan H. Lund, certify that:1. I have reviewed this quarterly report on Form 10-Q of International Lease FinanceCorporation;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have:a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;b) designed such internal control over financial reporting, or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonable assuranceregarding the reliability of financial reporting and the preparation of financial statements forexternal purposes in accordance with generally accepted accounting principles;c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andd) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):a) all significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; andb) any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: May 9, 2008       /S/ Alan H. Lund    ALAN H. LUNDVice Chairman and Chief Financial Officer 
-34-
**Exhibit 99.1**

 

SUN BANCORP, INC.

ANNUAL MEETING OF SHAREHOLDERS

APRIL 22, 2004

 

##### Report ofInspector of Election

 

I, the undersigned, having been duly appointed to act as Inspector ofElection at the Annual Meeting of Shareholders of Sun Bancorp, Inc., held onApril 22, 2004, hereby certify that the number of shares of stock outstandingis 8,208,154; that the number of shares entitled to vote is 7,678,140; that thenumber of shares present thereat in person or by proxy is 6,011,861; that wereceived the votes of the Shareholders of said Meeting and that;

 

1.                                       Election ofDirectors:

 
|                 |   | **For**   |   | **%** |   | **Withhold** |   | **%** |   |
|----------------------|--------|-----------|--------|-------|--------|--------------|--------|-------|--------|
| Max E. Bingaman      |   | 5,963,534 |   | 99.2  | %      | 48,327       |   | 0.8   | %      |
| Sidney M. Palmer     |   | 5,927,454 |   | 98.6  | %      | 84,407       |   | 1.4   | %      |
| Martha A. Barrick    |   | 5,962,271 |   | 99.2  | %      | 49,590       |   | 0.8   | %      |
| Daniel R. Geise      |   | 5,964,118 |   | 99.2  | %      | 47,743       |   | 0.8   | %      |
| John W. Rose         |   | 5,947,144 |   | 99.0  | %      | 64,717       |   | 1.0   | %      |
| Stephen J. Gurgovits |   | 5,951,831 |   | 99.0  | %      | 60,030       |   | 1.0   | %      |
| Robert A. Hormell    |   | 5,938,947 |   | 98.8  | %      | 72,914       |   | 1.2   | %      |
| Robert J. McCormack  |   | 5,899,943 |   | 98.2  | %      | 111,918      |   | 1.8   | %      |
| H. David Padden      |   | 5,942,601 |   | 98.8  | %      | 69,260       |   | 1.2   | %      |

 

2.                                       Proposal toratify the selection of PricewaterhouseCoopers LLP as the Corporation’sindependent accountants for the year ending December 31, 2004.

 

| **For**   |   | **%** |   | **Against** |   | **%** |   | **Abstain** |   | **%** |   |
|-----------|--------|-------|--------|-------------|--------|-------|--------|-------------|--------|-------|--------|
| 5,909,332 |   | 98.3  | %      | 55,113      |   | 1.0   | %      | 47,416      |   | 0.7   | %      |

 

 
|   | /s/ Carmella Racanelli |   |
|--------|------------------------|--------|
|   | Carmella Racanelli     |

 

----
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Pharmos Corporation (the
"Company") on Form 10-Q for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
A. Meer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C
ss. 1350, as adopted pursuant to 906 ss. 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/ James A. Meer
                                        -----------------------------
                                        James A. Meer, Chief Financial Officer
                                        July 30, 2004


                                       27
Exhibit 32.2



SECTION 906 CERTIFICATION





I, Dennis M. McGrath, Chief Financial Officer of PhotoMedex, Inc., a Delaware corporation (the Company), do hereby certify, in accordance with 18 U.S.C. Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1) the accompanying Quarterly Report on Form 10-Q of the Company for the three and nine months ended September 30, 2004 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



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





PHOTOMEDEX, INC.





Dated: November 9, 2004

By:/s/ Dennis M. McGrath

Dennis M. McGrath



Chief Financial Officer







A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 (Section 906), or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to PhotoMedex, Inc. and will be retained by PhotoMedex, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
12 FDIC 2010 ANNUAL REPORT

Front row (left to right): Director Thomas Curry, Chairman Sheila Bair, Vice Chairman Martin Gruenberg. Middle row (left to right): Jason Cave, 

Mitchell Glassman (retired), Sandra Thompson, James Angel, Cottrell Webster, Arthur Murton, Arleas Upton Kea, Thom Terwilliger. Back row (left 

to right): Jesse Villarreal, Bret Edwards, D. Michael Collins, Russell Pittman, Steven App, and Andrew Gray. 

Not pictured: Michael Krimminger, Paul Nash, and Fred Cams.

FDIC Senior Leaders