alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.



# United States Court of Appeals for the Federal Circuit

2009-5061 MARIA L. PEREIRA, Plaintiff-Appellant,

v. UNITED STATES, Defendant-Appellee. Appeal from the United States Court of Federal Claims in 09-CV-035,

Judge Lawrence J. Block. ON MOTION Before NEWMAN, RADER, and SCHALL, Circuit Judges. PER CURIAM.
ORDER The United States moves to summarily affirm the United States Court of Federal Claims' dismissal of Maria L. Pereira's complaint for lack of jurisdiction. Pereira filed a complaint in the Court of Federal Claims, alleging that the United States owed her $7.5 billion dollars in damages because she was escorted out of a Department of Justice building by security and due to her subsequent hospital admission. Pereira's complaint was dismissed for lack of jurisdiction as sounding in tort. Pereira appealed. We agree with the United States that summary affirmance is warranted. Summary affirmance of a case "is appropriate, inter alia when the position of one party

### is so clearly correct as a matter of law that no substantial question regarding the

outcome of the appeal exists." Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). The Court of Federal Claims correctly determined that Pereira did not identify a claim based upon a money-mandating statute, regulation, or constitutional provision and correctly determined that it does not have jurisdiction over tort claims. Accordingly, IT IS ORDERED THAT: The motion for summary affirmance is granted. All sides shall bear their own costs. FOR THE COURT


### JUN -3 2009 /s/ Jan Horbaly Date

cc: Maria L. Pereira Russell A. Shultis, Esq. s19 Jan Horbaly Clerk

I

JUN .0 

### 03 woo JAN HORNAL1 CLERK



### 2009-5061 2
Exhibit 32.1

Certification of President and Chief Executive Officer  Pursuant to 18 U.S.C. Section 1350, As Adopted  Pursuant to Section 906 of Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 10-K of Danvers Bancorp, Inc. (the "Company") for the Year Ended
December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I hereby certify, to the best knowledge and belief of the signatory, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

This
statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and
Exchange Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is
not intended that this statement be deemed to be filed for purposes of the Securities and Exchange Act of 1934, as amended.

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

Dated: March 16, 2009/s/ KEVIN T. BOTTOMLEY Kevin T. Bottomley President and Chief Executive Officer


---



QuickLinks
Exhibit 32  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AND RULE 13A-14(B) OR RULE 15D-14(B) OF THE U.S. SECURITIES EXCHANGE ACT OF 1934  In connection with the annual report of Earth Life Sciences, Inc. (the "Company") on Form 10-K/A for the fiscal year ended December 31, 2014 as filed with the Securities and Exchange Commission on October 9, 2015 (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:  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.  Dated: October 9, 2015/s/ Angelo MarinoAngelo MarinoPresident
I’laE L%?K’TO Y GENERA& 

Dr. J. W. Edgar Opinion No. WW-990 

Commissioner of Education 

State Department of Re: Whether more than five 

Education students from any of the 

Austin, Texas Nations of the American 

continents can attend a 

Dear Dr. Edgar: 

Texas College exempt from 

tuition payment under the 

provisions of Article 

2654e, Vernon's Civil 

Statutes. 

In your letter requesting:& opinion from this office, 

you ask whether more than five students from any one of the 

Nations of the American continents may attend a Texas College 

exempt from tuition payments under the provisions of Article 

2654e, Vernon's Civil Statutes. 

Article 2654e, Vernon's Civil Statutes, Senate Bill 4, * 

Acts 47th Legislature, 1941, ch. 25,., p. 38, 8 1, provides in 

part: 

"The governing boards of the several lnstitutlons of collegiate rank, supported in 

whole or In part by public funds appropriated 

from the State Treasury, are hereby authorized 

and directed to except and exempt five (5) 

native born students annually from each of the 

other nations of the Amerioan continents from 

the payment of tuition fees; . . il provided 

further that the total number of students entitled to the benefits provided herein shall 

never exceed one hundred (100) annually; and 

provided further that the State Board of Education, In cooperation with, representatives of 

the governing boards . . . shall formulate and 

prescribe a plan for the admission and dlstrlbution of all applicants desiring to qualify 

under the provision8 of this Act. . . .' 
Dr. J. W. Edgar, Page 2 @W-990) 

It Is a basic rule of construction that when a statute 

Is clear and unambiguous, It must be given effect wlthout 

attempting to construe or Interpret the law, 39 Tex. Jur. 

"Statutes," Sec. 90, p. 168. 

Further, It Is well settled that when a statute gives 

authority to do a particular thing and prescribes a mode of 

doing It, It is mandatory In that all other modea are excluded. 39 Tex. Jur. "Statutes," Sec. 17, p. 39. 

In view of the foregoing, it Is the opinion of this 

office that Article 2654e, Vernon's Civil Statutes, Is clear 

ln thata total of five native born students from each of the 

American continents will be allowed to attend State supported 

lnstltutlons of collegiate ranks annually without payment of 

tuition and not that one hundred scholarshipa shall be granted. 

The Legislature has plainly stated In Article 2654e, Vernon's 

Civil Statutes, that in no event could more than one hundred 

students be accepted under the provisions of Article 2654e. 

SUMMARY 

Under Article 2654e, Vernon's Civil 

Statutes, no more than five students 

from each American Nation are eligible 

to enroll ,annually In a Texas College 

exempt from tuition payments. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

BY 

$&&.&gLG?c5Tu 

Martha Joe Stroud 

Assistant 

MJs:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

L. P. Lollar 

B. H. Tlmmlna, Jr. 

Leon F. Pesek 

Raymond V. Loftln, Jr. 

REKtEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                              39
<SECURITIES>                                         0
<RECEIVABLES>                                      625
<ALLOWANCES>                                         0
<INVENTORY>                                      9,696
<CURRENT-ASSETS>                                10,526
<PP&E>                                           1,039
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  11,565
<CURRENT-LIABILITIES>                            6,888
<BONDS>                                              0
<PREFERRED-MANDATORY>                           19,114
<PREFERRED>                                          0
<COMMON>                                           200
<OTHER-SE>                                      15,619
<TOTAL-LIABILITY-AND-EQUITY>                    11,565
<SALES>                                              0
<TOTAL-REVENUES>                                 1,966
<CGS>                                            1,448
<TOTAL-COSTS>                                    1,448
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  83
<INCOME-PRETAX>                                  (141)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (141)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (141)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                   (0.03)
        

</TABLE>
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 Annual Report on Form 10-KSB for the year ended
December 31, 2004 as filed with the Securities and Exchange Commission by Money
Centers of America, Inc. (the "Company") on the date hereof (the "Report"), I,
Christopher M. Wolfington, Chief Executive Officer and Chief Financial Officer
of the Company, certify, 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 result of operations of the Company.

April 15, 2005
                                                /s/  Christopher M. Wolfington
                                                     ---------------------------
                                                     Christopher Wolfington
                                                Chief Executive Officer
                                                Chief Financial Officer



         This certification accompanies the Report pursuant to Section 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
Section 18 of the Securities Exchange Act of 1934, as amended.

         A signed original of this written statement required by Section 906 of
the Sarbanes-Oxley Act of 2002 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.
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 1 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 2 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 3 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 4 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 5 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 6 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 7 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 8 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 9 of 10
USDC IN/ND case 1:15-cv-00334-SLC document 138-15 filed 10/26/17 page 10 of 10
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-19-00243-CR

MICHALE ALLEN, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

§

On Appeal from County Criminal 

Court No. 4

of Denton County (CR-2018-02022-D)

October 29, 2020

Memorandum Opinion by Chief Justice 

Sudderth

(nfp)

JUDGMENT

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

was no error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By __/s/ Bonnie Sudderth________________

 Chief Justice Bonnie Sudderth
<PAGE>
                                   EXHIBIT 12

            INTERNATIONAL LEASE FINANCE CORPORATION AND SUBSIDIARIES
     COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES AND PREFERRED STOCK
        DIVIDENDS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2004 AND 2003
                             (DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>
                                                                     2004         2003
                                                                  ----------   ----------
                                                                  ......(Unaudited)......
<S>                                                               <C>          <C>
Earnings:
Net Income                                                        $  395,246   $  381,980
  Add:
    Provision for income taxes                                       187,062      185,671
    Fixed charges                                                    755,128      735,246
  Less:
    Capitalized interest                                              35,282       36,159
                                                                  ----------   ----------
  Earnings as adjusted (A)                                        $1,302,154   $1,266,738
                                                                  ==========   ==========

Preferred dividend requirements                                   $    2,861   $    2,925
Ratio of income before provision for income taxes to net income          147%         149%
                                                                  ----------   ----------
  Preferred dividend factor on pretax basis                       $    4,206   $    4,358
Fixed Charges:
  Interest expense                                                   719,846      689,141
  Capitalized interest                                                35,282       36,159
  Interest factor of rents                                                --        9,946
                                                                  ----------   ----------
  Fixed charges as adjusted (B)                                      755,128      735,246
                                                                  ----------   ----------

Fixed charges and preferred stock dividends (C)                   $  759,334   $  739,604
                                                                  ==========   ==========

Ratio of earnings to fixed charges
    (A) divided by (B)                                                  1.72x        1.72x
                                                                  ==========   ==========

Ratio of earnings to fixed charges and preferred stock dividends
    (A) divided by (C)                                                  1.71x        1.71x
                                                                  ==========   ==========
</TABLE>


                                      -27-
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


Pursuant to Section 905 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), I, Jean-Luc
Berger, President, Chief Executive Officer and Acting Chief Financial Officer of
Kyto Biopharma, Inc., a Florida corporation (the "Company"), do hereby certify,
to the best of my knowledge, that:

      (1)    the Company's Annual Report on Form 10-KSB for the period ended
             March 31, 2005, as filed with the Securities Exchange Commission on
             the date hereof (the "Report") fully complies, in all material
             respects, 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 for the periods presented therein.


 Date:  September 16, 2005
                                       By:   /s/ Jean-Luc Berger
                                             ----------------------------------
                                             Jean-Luc Berger
                                             President, Chief Executive Officer
                                             and Acting Chief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK U24 SEP.                    

*Date:*                         July 9, 2021.                    

*Time:*                         1:00 p.m. to 3:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892.                    

*Contact Person:*                         Xiaodu Guo, M.D., Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7023, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-4719,                         *guox@extra.niddk.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: June 14, 2021. 

David W Freeman,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-13340 Filed 6-23-21; 8:45 am]

BILLING CODE 4140-01-P
#### MORSE, Respondent, v. PEASE et ux., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

February 3, 1899.)

Action by John P. Morse, as receiver, against Joseph Pease and Mary Pease, his wife.

No opinion. Judgment affirmed, with costs. All concur, except ADAMS, J., not voting.
#### In the Matter of Zul-Qarnain A. Sha-Hid, Also Known as Paul Pitts, Respondent, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Appellant.

— Judgment unanimously affirmed (see, *People ex rel. Corcoran v Smith,*105 AD2d 1142). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — art 78.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and O’Donnell, JJ.
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our reports dated February 26, 2009, with respect to the
consolidated financial statements and internal control over financial reporting included in the Annual Report of Westwood Holdings Group, Inc. on Form 10-K for the year ended December 31, 2008. We hereby consent to the incorporation by
reference of said reports in the Registration Statement of Westwood Holdings Group, Inc. on Form S-8 (File No. 333-98841).



|                      
|----------------------
|/s/ Grant Thornton LLP
|                      
|February 26, 2009     
|Dallas, Texas
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

CLARENCE A. STOKES, )

)

Plaintiff, )

)

v. ) Case No. 1:14-CV-00351

)

NAVISTAR INTERNATIONAL )

CORPORATION, et al., )

)

Defendants. )

REPORT AND RECOMMENDATION

Pro se Plaintiff Clarence A. Stokes filed a complaint to commence this action against

Defendants on November 10, 2014, asserting allegations of race and age discrimination and

retaliation relating to his retirement benefits and former employment. (Docket # 1.) On March

11, 2015, the Clerk of Court issued a Notice to Plaintiff indicating that Plaintiff had failed to

effectuate timely service of process under Federal Rule of Civil Procedure 4(m) and that such

failure was, in the discretion of the Court, sufficient to warrant dismissal of the action without

prejudice. (Docket # 4.) The Clerk further advised that if no action was taken by March 25, 2015,

the matter would be brought to the Court’s attention. 

Rule 4(m) states: 

If a defendant is not served within 120 days after the complaint is filed, the court–

on motion or on its own after notice to the plaintiff–must dismiss the action

without prejudice against that defendant or order that service be made within a

specified time. But if the plaintiff shows good cause for the failure, the court must

extend the time for service for an appropriate period.

Under Rule 4(m), “[a] showing of good cause requires a Court to grant an extension. A lack of

good cause commits the decision to the Court’s discretion.” Gerrard v. Andrews Int’l, Inc., No.
09-CV-1272, 2010 WL 3724776, at *3 (C.D. Ill. July 28, 2010) (emphasis in original); see

Panaras v. Liquid Carbonic Indus. Corp., 94 F.3d 338, 340-41 (7th Cir. 1995) (“If . . . good cause

does not exist, the court may, in its discretion, either dismiss the action without prejudice or direct

that service be effected within a specified time.” (citations omitted)). 

The March 25, 2015, final deadline has now come and gone, and Plaintiff has still not

effectuated service of the summons and complaint on Defendants in accordance with Rule 4. Nor

has Plaintiff attempted to establish good cause for the failure to serve Defendants for more than

five months. Therefore, in accordance with the prior warning issued to Plaintiff, the undersigned

Magistrate Judge RECOMMENDS to the District Judge that this case be DISMISSED

WITHOUT PREJUDICE in accordance with Rule 4(m).

The Clerk is directed to send a copy of this Report and Recommendation to Plaintiff. 

NOTICE IS HEREBY GIVEN that within fourteen days after being served with a copy of this

recommended disposition a party may serve and file specific, written objections to the proposed

findings or recommendations. Fed. R. Civ. P. 72(b). FAILURE TO FILE OBJECTIONS

WITHIN THE SPECIFIED TIME WAIVES THE RIGHT TO APPEAL THE DISTRICT

COURT’S ORDER. 

SO ORDERED. 

Entered this 27th day of April 2015.

/s Susan Collins 

Susan Collins

United States Magistrate Judge