alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 15-3487

___________________________

Rex Gard

lllllllllllllllllllll Plaintiff - Appellant

v.

Dennis Kaemingk, Secretary of Corrections for State of South Dakota,

individually and in his official capacity; Doug Weber, Director of Prison

Operations, individually and in his official capacity; Bob Dooley, Warden at Mike

Durfee State Prison, individually and in his official capacity; Troy Ponto,

Associate Warden at SDSP, individually and in his official capacity; Leland

Tjeerdsma, Major, Head of Special Security, Mike Durfee State Prison,

individually and in his official capacity; Clifton Fantroy, Unit Manager at SDSP

Unit, individually and in his official capacity; George Deglman, Unit Manager at

Mike Durfee State Prison, individually and in his official capacity; Sgt. Larson,

Sergeant at Mike Durfee State Prison, individually and in his official capacity;

Property Officer Berthelson, Property Officer at the SDSP Warehouse individually

and in his official capacity

lllllllllllllllllllll Defendants - Appellees

____________

Appeal from United States District Court 

for the District of South Dakota - Sioux Falls

____________

 Submitted: November 4, 2016

Filed: November 8, 2016

[Unpublished]

____________
Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges. 

____________

PER CURIAM.

South Dakota inmate Rex Gard appeals the district court’s adverse grant of 1

summary judgment in his 42 U.S.C. § 1983 action. Upon de novo review, we find no

error in the district court’s thorough and well-reasoned analysis of Mr. Gard’s claims. 

See Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015) (viewing summary

judgment record in light most favorable to non-movant, and drawing all reasonable

inferences from it in his favor). We find no merit to Mr. Gard’s challenges to the

other rulings he identifies. While we conclude that affirmance is warranted, see 8th

Cir. R. 47B, we modify the district court’s judgment to reflect that the adverse grant

of summary judgment does not constitute a strike under 28 U.S.C. § 1915(g). 

______________________________

The Honorable Lawrence L. Piersol, United States District Judge for the

1

District of South Dakota, adopting the report and recommendations of the Honorable

Veronica L. Duffy, United States Magistrate Judge for the District of South Dakota.

-2-
II

105TH CONGRESS

1ST SESSION S. 1090

To specify that States may waive requirements relating to commercial driver’s

licenses under chapter 313 of title 49, United States Code, with respect

to certain farm vehicles, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 30, 1997

Mr. BURNS (for himself Mr. JOHNSON, Mr. MCCONNELL, Mr. GRASSLEY, Mr.

BROWNBACK, Mr. THURMOND, Mr. HELMS, Mr. DASCHLE, Mr. COCHRAN, Mr. HATCH, Mr. INHOFE, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To specify that States may waive requirements relating to

commercial driver’s licenses under chapter 313 of title

49, United States Code, with respect to certain farm

vehicles, and for other purposes.

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

3 SECTION 1. WAIVERS FOR CERTAIN FARM VEHICLES.

4 (a) DEFINITIONS.—In this section:

5 (1) CUSTOM HARVESTING FARM MACHINERY.—

6 The term ‘‘custom harvesting farm machinery’’ in7 cludes vehicles used for custom harvesting that—
2

•S 1090 IS

1 (A) are classified under subpart F of part

2 383, of title 49, Code of Federal Regulations,

3 as being included in Group A, B, or C (as those

4 terms are used in section 383.91 of that part);

5 and

6 (B) are used on a seasonal basis to provide

7 transportation of—

8 (i) agricultural commodities from field

9 to storage or processing; and

10 (ii) harvesting machinery and equip11 ment from farm to farm.

12 (2) COMMERCIAL DRIVER’S LICENSE.—The

13 term ‘‘commercial driver’s license’’ has the meaning

14 given that term in section 31301(3) of title 49,

15 United States Code.

16 (b) WAIVERS.—In addition to the authority granted

17 to States to waive the application of chapter 313 of title

18 49, United States Code, with respect to farm vehicles de19 scribed in 53 Fed Reg. 37313 through 37316 and farm20 related service industries described in 57 Fed. Reg. 13650

21 through 13654, each State that issues commercial drivers’

22 licenses in accordance with chapter 313 of title 49, United

23 States Code, may waive the application of any requirement

24 for obtaining a commercial driver’s license for operators

25 of custom harvesting farm machinery or employees of
3

•S 1090 IS

1 farm-related service industries (or both) that would other2 wise apply.

Æ
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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
  
    
    the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2010
fully complies with the requirements of Section 13(a) of the Securities Exchange Act of
1934; and
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company for the periods presented
therein.
  /s/ UMANG GUPTAUmang GuptaChairman of the Board and Chief Executive Officer
(Principal Executive Officer)
Dismissed and Opinion Filed October 30, 2014 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00245-CV 

SUSAN WILLIAMS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE 

OF ROBERT A. WILLIAMS, Appellant 

V. 

PLANO INDEPENDENT SCHOOL DISTRICT, Appellee 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 380-1200-2013 

MEMORANDUM OPINION 

Before Chief Justice Wright and Justices Lang-Miers and Brown 

Opinion by Chief Justice Wright 

 The parties have filed an agreed motion to dismiss the appeal, asserting they have 

resolved all pending claims. We grant the motion and dismiss the appeal. 

140245F.P05 

 

 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

SUSAN WILLIAMS, INDIVIDUALLY 

AND AS REPRESENTATIVE OF THE 

ESTATE OF ROBERT A. WILLIAMS, 

Appellant 

No. 05-14-00245-CV V. 

PLANO INDEPENDENT SCHOOL 

DISTRICT, Appellee 

 On Appeal from the 380th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 380-1200-2013. 

Opinion delivered by Chief Justice Wright. 

Justices Lang-Miers and Brown 

participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

 Per the parties’ agreement, we ORDER that each party bear its own costs of this appeal. 

Judgment entered October 30, 2014.
(February 28, 1986)

#### In the Matter of the Grievance Committee for the Tenth Judicial District, Petitioner, v Harold Brotman, a Disbarred Attorney, Respondent.

—Motion by petitioner, pursuant to Judiciary Law § 90 (2); § 759 (A) (3); § 753 (A) (1) to punish Harold Brotman, a disbarred attorney for contempt of this court, in that he failed to comply with this court’s order dated May 28, 1985 and for his failure to comply with this court’s rules (22 NYCRR 691.10).

Cross motion by respondent to continue or adjourn the *832hearing and disposition of the motion to punish him for contempt and for leave to appeal this court’s order dated May 28, 1985 to the Court of Appeals.

Cross motion denied in all respects.

The issues raised by the petitioner’s motion to punish respondent for contempt are referred to Honorable Frank A. Gulotta (a former Presiding Justice of this court) c/o Gulotta & Stein, 1539 Franklin Avenue, Mineóla, New York 11501, as Special Referee to hear and to report, together with his findings.

The motion to punish for contempt will be held in abeyance, pending the Special Referee’s report. Mollen, P. J., Lazer, Mangano, Gibbons and Thompson, JJ., concur.
(January 6, 1986)

#### Baillie R. Smith, Appellant, v Jesus People, Doing Business as Love Inn et al., Respondent-Appellant, and Joseph Paratore et al., Individually and Doing Business as Tradesmen of Freeville, Respondents.

— Motion for permission to appeal to the Court of Appeals denied, without costs, on the ground permission to appeal may not be granted from the order of this court which remitted the matter for a new trial *(see,*CPLR 5602 [b] [1]; 5601 [c]). Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.
#### Patricia J. Curto, Appellant, v New York State Thruway Authority et al., Respondents.

(Claim No. 116804-A.)

(Appeal No. 2.)

[945 NYS2d 588]

Motion for reargument or leave to appeal to the Court of Appeals denied. Present — Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ.
Exhibit 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  
    
    the Quarterly Report on Form 10-Q of the Company for the quarter ended
December 31, 2008 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934; and
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company for the periods presented therein.
 Date: February 6, 2009/s/ ANDREW HAMERAndrew HamerVice President and Chief Financial Officer(Principal Financial and Accounting Officer)
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 MELODY L. GOSLOW,

3 Petitioner-Appellee,

4 v. No. 35,088

5 CHARLES PEREA, 

6

7 Respondent-Appellant.

8 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY

9 Deborah D. Walker, District Judge

10 Melody L. Goslow

11 Albuquerque, NM

12 Pro Se Appellee

13 Simon Kubiak

14 Stephen Lane

15 Albuquerque, NM

16 for Respondent-Appellant

17 MEMORANDUM OPINION

18 VIGIL, Chief Judge.
2

1 {1} Summary affirmance was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary affirmance has

3 been filed and the time for doing so has expired. AFFIRMED.

4 {2} IT IS SO ORDERED.

5 _______________________________

6 MICHAEL E. VIGIL, Chief Judge

7 WE CONCUR:

8 ___________________________________

9 JAMES J. WECHSLER, Judge

10

11 ___________________________________

12 M. MONICA ZAMORA, Judge
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

TERRENCE BARKER,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 471 MAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 30th day of December, 2014, the Petition for Allowance of

Appeal is DENIED.
Case: 1:02-cv-00256 Document #: 30 Filed: 08/07/02 Page 1 of 1 PageID #:205
<PAGE>

                                                                    Exhibit 32.2

                            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 Land O'Lakes, Inc. (the "Company") on
Form 10-Q/A for the period ending March 31, 2003 as filed with the Securities
and Exchange Commission on August 16, 2004 (the "Report"), I, Daniel Knutson,
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; and

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

                                   By /s/ Daniel Knutson
                                   -----------------------------------
                                   Daniel Knutson
                                   Senior Vice President
                                   And Chief Financial Officer
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO SECTION 906**

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

 

I, Allan Rowley, Chief Financial Officer of MGT Capital Investments, Inc.(the “Company”), certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

 

(1)    the Annual Report on Form 10-Kof the Company for the year ended December 31, 2007 and 2006 (the “Report”)fully complies with the requirements of  Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));and

 

(2)    the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|   | By:                     | /s/ ALLAN ROWLEY |
|--------|-------------------------|------------------|
|   | Allan Rowley            |
|   | Chief Financial Officer |

March 17, 2008

 

E-5

----
#### Benzion Deutsch, Appellant, v Broche Twersky, Respondent.

[946 NYS2d 501]

— In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant’s motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real property.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court properly, inter alia, granted the defendant’s motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by her in Romania. Issues regarding the ownership and use of real property should be decided by the courts of, and in accordance with the laws of, the place where the real property is located *(see Knox v Jones,*47 NY 389, 395 [1872]; *Adriana Dev. Corp. N.V. v Gaspar,*81 AD2d 235, 239 [1981]; *Broaddus v Vanadium Corp. of Am.,*19 AD2d 886 [1963]; *Johnson v Dunbar,*114 NYS2d 845, 849 [1952], *affd*282 App Div 720 [1953], *affd*306 NY 697 [1954]). In this regard, the plaintiffs claim that the Supreme Court violated the law of the case doctrine in issuing the challenged order is unavailing *(see Solow v Wellner,*186 AD2d 21, 22 [1992]; *Nahl v Nahl,*177 AD2d 777 [1991]; *see generally Frankson v Brown & Williamson Tobacco Corp.,*67 AD3d 213, 218 [2009]).

*898The plaintiff’s remaining contentions are without merit. Mastro, A.P.J., Angiolillo, Austin and Sgroi, JJ., concur.
#### Brownlee *v.*Price *et al.*

April 17, 1915.

Petition for injunction. Before Judge Pendleton. Fulton superior court. November 21, 1914.

*J. A. Hunt*and *J. F. Golightly,*for plaintiff.

*Samuel E. Sibley, Jones & Chambers, E. B. Black,*and *M. P. McWhorter,*for defendants.

Lumpkin, J.

There was no abuse of discretion in refusing to grant an interlocutory injunction and to appoint a receiver in this ease.

*Judgment affirmed.*

*All the Justices eoneur, except Fish, C. J., absent.*
105TH CONGRESS

1ST SESSION S. 1179

AN ACT

To amend the National Flood Insurance Act of 1968 to

reauthorize the National Flood Insurance Program.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Flood Insur5 ance Reauthorization Act of 1997’’.

6 SEC. 2. EXTENSION OF NATIONAL FLOOD INSURANCE PRO7 GRAM.

8 Section 1319 of the National Flood Insurance Act of

9 1968 (42 U.S.C. 4026) is amended by striking ‘‘Septem10 ber 30, 1997’’ and inserting ‘‘September 30, 2002’’.

Passed the Senate October 1, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1179

AN ACT

To amend the National Flood Insurance Act of

ance Program.1968 to reauthorize the National Flood Insur-
Exhibit 14

                                                                  March 11, 2004



                                 TENGASCO, INC.

                                 CODE OF ETHICS

Tengasco,  Inc. (the "Company") has adopted this Code of Ethics specifically for
its chief executive  officer  ("CEO") and all financial  officers and executives
(collectively, the "Financial Officers and Executives"), including the president
and chief financial  officer.  The Financial  Officers and Executives subject to
this Code of Ethics will be designated  and informed of such  designation by the
Company.

The CEO and the financial  officers and  executives are subject to the following
specific policies:

      1.  In carrying out their duties,  the CEO and the Financial  Officers and
          Executives   will   promote   full,   fair,   accurate,   timely   and
          understandable  disclosure  in all  reports  and other  documents  the
          Company files with,  or furnishes or submits,  to the  Securities  and
          Exchange  Commission,  as well as other public  communications made by
          the  Company.  Accordingly,  the CEO and each  Financial  Officer  and
          Executive  shall  promptly  bring  to the  attention  of the  Board of
          Directors any material information of which she or he may become aware
          that  affects  the  disclosures  made  by the  Company  in the  public
          filings, if such information is not already being adequately addressed
          in public filings being prepared for the Company.

      2.  The CEO and each Financial  Officer and Executive shall promptly bring
          to the attention of the Board of Directors any  information  she or he
          may have  concerning  (a)  significant  deficiencies  in the design or
          operation  of  internal  controls  which  could  adversely  affect the
          Company's ability to record,  process,  summarize and report financial
          data  or (b)  any  fraud,  whether  or  not  material,  that  involves
          management  or  other  employees  who have a  significant  role in the
          Company's financial reporting, disclosures or internal controls.

      3.  In carrying out their duties,  the CEO and each Financial  Officer and
          Executive  shall  endeavor  to  comply,  and to cause the  Company  to
          comply, with all applicable governmental laws, rules and regulations.

      4.  The Board of  Directors  shall  determine,  or  designate  appropriate
          persons to determine,  appropriate actions to be taken in the event of
          violations of the Code of Ethics by the CEO or any  Financial  Officer
          or  Executive.  Such  actions  shall be  reasonably  designed to deter
          wrongdoing and to promote  accountability for adherence to the Code of
          Ethics.  The Company shall at least annually report violations and the
          actions taken by the Board of Directors.
##### 



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 of ILEX Oncology, Inc. (the
Company) on Form 10-K/A for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Jeffrey H. Buchalter, President and Chief Executive 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; 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/ Jeffrey H. BuchalterName:
    
    Jeffrey H. BuchalterTitle:
    
    President and Chief Executive OfficerDate:
    
    May 3, 2004