alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re Herbert McMILLIAN, Appellant.

No. 11-2039.

United States Court of Appeals, Third Circuit.

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 July 14, 2011.

Opinion filed: Aug. 12, 2011.

Herbert McMillian, St. Albans, NY, pro se.

Laura D. Jones, Esq., James E. O’Neill, III, Esq., Pachulski Stang Ziehl & Jones, Wilmington, DE, for Defendant-Appellee.

Before: RENDELL, FUENTES and SMITH, Circuit Judges.

OPINION

PER CURIAM.

Herbert McMillian alleges that he was employed by Trans World Airlines Inc. (“TWA”), from 1975 to 1979 and that TWA wrongfully terminated him and denied him employment benefits. He has raised these claims multiple times over the years, in-*840eluding in TWA’s bankruptcy proceeding. The Bankruptcy Court disallowed his claims in 2004, but McMillian has continued to assert them. We have recognized in previous bankruptcy appeals that these claims were previously litigated, *see, e.g., In re Trans World Airlines,*363 Fed.Appx. 213, 214-15 (3d Cir.2010) (affirming District Court’s dismissal of bankruptcy appeal as frivolous), and have held that they are barred by res judicata in at least one appeal from the dismissal of an independent action, *see McMillian v. Trans World Airlines Inc.,*331 Fed.Appx. 103, 104 (3d Cir.2009) (dismissing McMillan’s appeal as frivolous).

In 2009, the District Court finally entered an injunction (which McMillian did not appeal) requiring McMillian to obtain its authorization before filing any complaint or other document regarding his 1979 termination and alleged denial of benefits. McMillian shortly thereafter sought permission to raise his claims again by amending a complaint, which the District Court denied. We summarily affirmed. *See In re McMillian,*398 Fed.Appx. 709, 710 (3d Cir.2010).

McMillian then filed in the District Court the motion at issue here, which seeks yet again to raise his claims regarding his 1979 termination and alleged denial of benefits. The District Court denied the motion by order entered April 6, 2011. McMillian appeals, and has requested leave to proceed in forma pauperis (“IFP”) on appeal. That request is granted. We have jurisdiction under 28 U.S.C. § 1291. Having granted McMillian leave to proceed IFP, we must determine whether this appeal should be dismissed as frivolous. *See*28 U.S.C. § 1915(e)(2)(B). We conclude that it should. An appeal is frivolous if it “lacks an arguable basis either in law or in fact.” *Neitzke v. Williams,*490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). There is no arguable basis to challenge the District Court’s conclusion that McMillian’s claims have been previously litigated or its denial of McMillian’s motion for leave to raise them again. We caution McMillian that, if he persists in attempting to raise these claims in this Court, we will consider imposing sanctions, which may include an injunction barring filings in this Court without our prior authorization.

Accordingly, we will dismiss this appeal. McMillian’s motion to disqualify TWA’s counsel is denied.
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Exhibit 32.2



Certification



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section
1350, chapter 63 of title 18, United States Code), the undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:



The Quarterly Report on Form 10-Q/A for the quarter ended September 30, 2003 (the
Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                       |  |  |  |                     |  |              |  |                                        
|---------------------- |  |  |  | ------------------- |  | ------------ |  | ---------------------------------------
|                       |  |  |  |                    
|                       |  | 
|Date: January 28, 2004 |  |  |  | /s/ David J. Wagner
|                       |  |  |  |                     |  | Name: Title: |  | David J. Wagner Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AMERICAN
PHYSICIAN PARTNERS, INC.'S UNAUDITED BALANCE SHEET AS OF SEPTEMBER 30, 1997 AND
UNAUDITED STATEMENTS OF INCOME AND CASH FLOWS FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          83,154
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               230,616
<PP&E>                                         181,957
<DEPRECIATION>                                  98,524
<TOTAL-ASSETS>                               3,895,796
<CURRENT-LIABILITIES>                        4,937,857
<BONDS>                                      3,500,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           200
<OTHER-SE>                                 (4,542,261)
<TOTAL-LIABILITY-AND-EQUITY>                 3,895,796
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,010,730
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             165,668
<INCOME-PRETAX>                            (3,142,518)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,142,518)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,142,518)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Manuel DE LA FUENTE, Petitioner—Appellant, v. Julie WANDS, Warden, Respondent—Appellee.

No. 11-1415.

United States Court of Appeals, Tenth Circuit.

Dec. 6, 2011.

Manuel de la Fuente, Florence, CO, pro se.

Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.

ORDER AND JUDGMENT*

TERRENCE L. O’BRIEN, Circuit Judge.

Manuel De La Fuente is a federal prisoner incarcerated in Florence, Colorado. *412In this 28 U.S.C. § 2241 petition, he contends the Bureau of Prisons (BOP) imper-missibly denied what he claims to be his right to a sentence reduction under 18 U.S.C. § 3621(e)(2)(B). That statute permits, but does not require, the BOP to reduce the term of imprisonment of a prisoner convicted of a nonviolent offense if the prisoner successfully completes a treatment program. De La Fuente completed a treatment program in June 2011, but the BOP determined he was not eligible for a sentence reduction because the facts underlying an earlier state escape conviction presented a risk of violence. *See*28 C.F.R. § 550.55(b) (inmates with felony convictions for offenses presenting potential risk of violence will not be eligible for early release). In spite of the BOP regulations and related policy statements, De La Fuente claims he is eligible for early release because he escaped from a state, not federal, facility.

In a cogent and thorough order the district court addressed De La Fuente’s complaints and arguments. It then dismissed the petition prior to service on the defendant. *See*28 U.S.C. § 1915(e)(2).

For substantially the same reasons provided by the district court, we AFFIRM.

De La Fuente filed a motion to proceed without prepayment of costs or fees. The motion is DENIED. He must pay the filing and docket fees in full to clerk of the district court. *See Kinnell v. Graves,*265 F.3d 1125, 1129 (10th Cir.2001).

*

 Oral argument would not materially assist the determination of this appeal. *See*Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). We have decided this case on the briefs.

*412This order and judgment is an unpublished decision, not binding precedent. 10th Cir. R. 32.1(A). Citation to unpublished decisions is not prohibited. Fed. R.App. 32.1. It is appropriate as it relates to law of the case, issue preclusion and claim preclusion. Unpublished decisions may also be cited for their persuasive value. 10th Cir. R. 32.1(A). Citation to an order and judgment must be accompanied by an appropriate parenthetical notation — (unpublished). *Id.*
EXHIBIT 31.2



CERTIFICATION



I, Jasmine Gregory, certify that:



(1)I have reviewed this quarterly report on Form 10-Q/A of Premier Holding Corp. for the period ended March 31, 2010;





(2) Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





(3) Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;





(4) The Registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and have:





(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;





(c) Evaluated the effectiveness of the Registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





(d) Disclosed in this report any change in the Registrants internal control over financial reporting that occurred during the Registrants most recent fiscal quarter (the Registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and





(5) The Registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrants auditors and the audit committee of the Registrants board of directors (or persons performing the equivalent functions):





(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; and





(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal control over financial reporting.



|Date:  August 13, 2010 | Jasmine Gregory
Chief Financial Officer
|---------------------- | ---------------------------------------
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 236 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 236

  Designating September 2011 as National Spinal Cord Injury Awareness 
                                 Month.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2011

    Mr. Rubio (for himself and Mr. Nelson of Florida) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  Designating September 2011 as National Spinal Cord Injury Awareness 
                                 Month.

Whereas the estimated 1,275,000 people in the United States who live with a 
        spinal cord injury cost society billions of dollars in health care costs 
        and lost wages;
Whereas an estimated 100,000 of those individuals living with a spinal cord 
        injury are veterans who suffered the spinal cord injury while serving as 
        members of the United States Armed Forces;
Whereas accidents are the leading cause of spinal cord injuries;
Whereas motor vehicle crashes are the second leading cause of spinal cord and 
        traumatic brain injuries;
Whereas 70 percent of all spinal cord injuries that occur in children under the 
        age of 18 are a result of motor vehicle accidents;
Whereas every 48 seconds a person will become paralyzed, underscoring the urgent 
        need to develop new neuroprotection, pharmacological, and regeneration 
        treatments to reduce, prevent, and reverse paralysis; and
Whereas increased education and investment in research are key factors in 
        improving outcomes for victims of spinal cord injuries, improving the 
        quality of life of victims, and ultimately curing paralysis: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) designates September 2011 as Spinal Cord Injury 
        Awareness Month;
            (2) supports the goals and ideals of Spinal Cord Injury 
        Awareness Month;
            (3) continues to support research to find better 
        treatments, therapies, and a cure for paralysis;
            (4) supports clinical trials for new therapies that offer 
        promise and hope to those persons living with paralysis; and
            (5) commends the dedication of local, regional, and 
        national organizations, researchers, doctors, volunteers, and 
        people across the United States that are working to improve the 
        quality of life of persons living with paralysis and their 
        families.
                                 <all>
```
#### STATE OF NEW JERSEY, PLAINTIFF-PETITIONER, v. WILLIAM H. CROLAND, DEFENDANT-RESPONDENT.

December 17, 1960.

*Mr. Brendan T. Byrne*and *Mr. Sanford M. Jaffe*for the petitioner.

*Messrs. Van Riper & Belmont*for the respondent.

Granted.
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<CASH>                                             16,850
<SECURITIES>                                            0
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<OTHER-SE>                                        (18,071)
<TOTAL-LIABILITY-AND-EQUITY>                       21,056
<SALES>                                                 0
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<CGS>                                                   0
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<OTHER-EXPENSES>                                    1,301
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                  1,401
<INCOME-PRETAX>                                    (2,702)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                                (2,702)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       (2,702)
<EPS-BASIC>                                       (0.01)
<EPS-DILUTED>                                       (0.01)



</TABLE>
# Official Journal L 172/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 172 |
| | |
| English edition | Legislation | Volume 5929 June 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 172

English edition

Legislation

Volume 5929 June 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2016/1015 of 17 June 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-naphthylacetamide, 1-naphthylacetic acid, chloridazon, fluazifop-P, fuberidazole, mepiquat and tralkoxydim in or on certain products (
  1
  ) | 1 |
| | * | Commission Regulation (EU) 2016/1016 of 17 June 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for ethofumesate, etoxazole, fenamidone, fluoxastrobin and flurtamone in or on certain products (
  1
  ) | 22 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2016/1015 of 17 June 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-naphthylacetamide, 1-naphthylacetic acid, chloridazon, fluazifop-P, fuberidazole, mepiquat and tralkoxydim in or on certain products (
  1
  )

1

1

*

Commission Regulation (EU) 2016/1016 of 17 June 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for ethofumesate, etoxazole, fenamidone, fluoxastrobin and flurtamone in or on certain products (
  1
  )

1

22

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS INCLUDED IN THE COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR THE NINE
MONTHS ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           4,003
<SECURITIES>                                         0
<RECEIVABLES>                                    4,422
<ALLOWANCES>                                     1,519
<INVENTORY>                                      9,530
<CURRENT-ASSETS>                                 8,764
<PP&E>                                         170,957
<DEPRECIATION>                                (43,586)
<TOTAL-ASSETS>                                 178,663
<CURRENT-LIABILITIES>                           18,794
<BONDS>                                        138,395
<PREFERRED-MANDATORY>                           42,659
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                    (24,236)
<TOTAL-LIABILITY-AND-EQUITY>                   178,663
<SALES>                                              0
<TOTAL-REVENUES>                                37,836
<CGS>                                                0
<TOTAL-COSTS>                                 (49,896)
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                            (10,551)
<INCOME-PRETAX>                               (21,978)
<INCOME-TAX>                                       496
<INCOME-CONTINUING>                           (22,474)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (3,510)
<NET-INCOME>                                  (25,984)
<EPS-PRIMARY>                               (1,371.33)
<EPS-DILUTED>                                        0
        

</TABLE>