alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

DAVID PINKNEY,

Petitioner

v.

LUZERNE COUNTY COURT OF COMMON PLEAS,

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 129 MM 2016

ORDER

PER CURIAM

AND NOW , this 14th day of November

, 2016, the Application for Leave to File

Original Process is GRANTED

, and the Petition for Writ of Mandamus and/or

Extraordinary Relief is DENIED

.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 96-4636 TERRY KINARD, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CR-95-205) Submitted: February 27, 1997 Decided: March 13, 1997 Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

_________________________________________________________________ Dismissed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Ann Briks Walsh, Assistant Federal Public Defender, Charleston, South Carolina, for Appellant. J. Rene Josey, United States Attorney, A. Peter Shahid, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).OPINION PER CURIAM: Terry Kinard pled nolo contendere to a charge of bank robbery in violation of 18 U.S.C. § 2113(a) (1994). He seeks to appeal his 151- month sentence. The district court's judgment and commitment order was entered on April 17, 1996. Kinard requested leave to file a notice of appeal out of time on July 31, 1996. The district court granted the motion on August 1, 1996, finding good cause and excusable neglect. Kinard filed his notice of appeal on August 2, 1996. In criminal cases, a defendant must file his notice of appeal withinten days of the entry of judgment. Fed. R. App. P. 4(b). With or without a motion, the district court may grant an extension of time to file of up to thirty days upon a showing of excusable neglect if the notice of appeal is filed within the thirty-day extension period. See United States v. Reyes , 759 F.2d 351, 353 (4th Cir. 1985). The district court may not otherwise extend the time for filing a notice of appeal. United States v. Avendano-Camacho , 786 F.2d 1392, 1394-95 (9th Cir. 1986); United States v. Schuchardt , 685 F.2d 901 (4th Cir. 1982). Kinard's notice of appeal and motion for an extension of time to file were submitted 104 days after entry of judgment. The notice of appeal is thus ineffective because the district court was wit hout authority to extend the time for filing beyond forty days after entry of judgment. Schuchardt , 685 F.2d at 902. Kinard may seek a belated appeal or review of his claims in a motion pursuant to 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214.We therefore dismiss the appeal for lack of jurisdiction. 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.
DISMISSED
2
#### Tara Frenya, an Infant, by Larry Frenya, Her Parent, Appellant, v Champlain Valley Physicians’ Hospital Medical Center, Respondent.

Appeal from an order of the Supreme Court (Viscardi, J.), entered January 20, 1987 in Clinton County, which, *inter alia,*granted defendant’s cross motion to strike plaintiff’s claim for punitive damages from the complaint.

In this medical malpractice action, plaintiff contends that Supreme Court erred in striking her claim for punitive damages. We agree with Supreme Court that punitive damages are not appropriate in this case. Punitive damages may not be claimed in the absence of a wrongful motive on the defendant’s part, willful or intentional misdoing, or a reckless indifference equivalent to willful or intentional misdoing (36 NY Jur 2d, Damages, § 175, at 293). In the case of a tort *1001action, the defendant’s conduct must be so flagrant as to transcend mere carelessness (36 NY Jur 2d, Damages, § 177, at 299-300). Here, although the allegations against defendant contained in the complaint are indeed serious, none of the allegations rises to a level as to permit a claim for punitive damages. Accordingly, plaintiff’s claim for punitive damages was properly stricken from her complaint.

Order affirmed, with costs. Mahoney, P. J., Yesawich, Jr., Levine and Harvey, JJ., concur; Main, J., not taking part.
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51216-51217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19758]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #17153 and #17154; Louisiana Disaster Number LA-
00116]


Presidential Declaration of a Major Disaster for Public 
Assistance Only for the State of Louisiana

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of Louisiana (FEMA-
461-DR), dated 09/07/2021.
    Incident: Hurricane Ida.

[[Page 51217]]

    Incident Period: 08/26/2021 and continuing.

DATES: Issued on 09/07/2021. Physical Loan Application Deadline Date: 
11/08/2021. Economic Injury (EIDL) Loan Application Deadline Date: 06/
07/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 09/07/2021, Private Non-
Profit organizations that provide essential services of a governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Parishes: Jefferson, Lafourche, Orleans, Saint Charles, Saint 
James, St John the Baptist, Terrebonne.

The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations with Credit Available Elsewhere...      2.000
  Non-Profit Organizations without Credit Available Elsewhere      2.000
For Economic Injury:
  Non-Profit Organizations without Credit Available Elsewhere      2.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 17153 8 
and for economic injury is 17154 0.

(Catalog of Federal Domestic Assistance Number 59008)


James Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2021-19758 Filed 9-13-21; 8:45 am]
BILLING CODE 8026-03-P
Listen

# The Puerto Rico Advisory Committee Publishes its First Memorandum on the Effects of the Insular Cases and the Non-Incorporation Doctrine on the Civil Rights of Residents of Puerto Rico

February 12, 2024

The Puerto Rico Advisory Committee (Advisory Committee) to the U.S. Commission on Civil Rights (the Commission) announces the publication of its first memorandum as part of its study on the effects of the Insular Cases and the Non-Incorporation Doctrine on the civil rights of the residents of Puerto Rico. This is the first publication of the Advisory Committee, which was established in 2022, and is the first memorandum written in Spanish and translated to English by the Commission.

This memorandum is the first in a series that the Committee will develop over the course of its project, culminating in a final report. With a focus on a general overview of the topic, the Committee highlights a series of findings and recommendations identified in testimony received from subject matter experts and community representatives who spoke from historical, academic, and legal perspectives, as well as lived experiences. The testimony captured a wide breadth of information, from the historical context of the Insular Cases and the relationship between Puerto Rico and the federal government, to the effect on the quality of life of people impacted by the lack of full access to federal public programs, such as older adults, veterans, and individuals with disabilities. The Committee plans to develop its own recommendations as it moves forward with its project.

The findings identified in the testimony by the Committee focus on: the relationship of political subordination between the U.S. Government and Puerto Rico, unequal and discriminatory treatment towards Puerto Rico on behalf of the federal Government, the perspective that the Supreme Court is not the ideal vehicle through which to solve the problems caused by the Non-Incorporation Doctrine, contradictions in the U.S. citizenship of residents of Puerto Rico, the limited access to social welfare programs due to Puerto Rico’s status as an unincorporated territory and the impact this has had on vulnerable communities, and how discrimination and differential treatment have directly affected the quality of life of the residents of Puerto Rico, causing an increase in displacement from the island.

Committee Chair Andrés Córdova Phelps said: “The Committee is grateful to all the panelists and members of the public who have participated in this project and have made this memorandum possible. We hope that this memorandum can help spread awareness about the reality the residents of Puerto Rico have faced while living in an unincorporated territory and that this is a positive step in the civil rights of this population.”

Press Release

Press Release (Spanish)

Memo

Puerto Rico

-  All News 
-  Commission News 
-  Advisory Committees News 
-  Correspondence 
-  Videos 
-  Archives
##### 



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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and3.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 Date: March 31, 2008
    By:
    /s/ ROBERT L. BINTLIFFRobert L. BintliffChief Financial Officer
and 
Principal Accounting Officer
GUNNISON TUNNEL OUTLETLatitude: 38.484Longitude: -107.744Elevation: 6473

GUNNISON TUNNEL OUTLET
IN THE DISTRICT COURT OF APP EAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHRISTOPHER HUNTER,

Appellant,

v. Case No. 5D15-773

STATE OF FLORIDA,

Appellee.

________________________________/ Opinion filed April 1, 2016

3.850 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.

Deana K. Marshall, of Law Office of Deana K. Marshall, Riverview, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, Marjorie Vincent-Tripp and L. Charlene Matthews, Assistant Attorneys General, Daytona Beach, for Appellee.

PER CURIAM.

As the State properly concedes, the order summarily denying App ellant’s Florida

Rule of Criminal Procedure 3.850 motion does not include record attachments

conclusively refuting Appellant’s claim that wiretap orders wer e never signed. Upon

remand, the trial court shall attach the correct records or add ress the claim on the merits.

Fla. R. Crim. P. 3.850(f)(4). In all other respects, the order on appeal is affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ORFINGER, TORPY and EDWARDS, JJ., concur.
# C_2009178EN.01000901.xml

| 31.7.2009 | EN | Official Journal of the European Union | C 178/9 |
| --- | --- | --- | --- |

31.7.2009

EN

Official Journal of the European Union

C 178/9

---

Non-opposition to a notified concentration

(Case COMP/M.5548 — Barclays/RBS/Hillary)

(Text with EEA relevance)

2009/C 178/04

On 6 July 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5548. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5548. EUR-Lex is the on-line access to the European law.

---
|   | Principal Officers:Keith M. Braaten, P. Eng.President & CEOJodi L. Anhorn, P. Eng.Executive Vice President & COO Officers / Vice Presidents:Terry L. Aarsby, P. Eng.Caralyn P. Bennett, P. Eng.Leonard L. Herchen, P. Eng.Myron J. Hladyshevsky, P. Eng.Todd J. Ikeda, P. Eng.Bryan M. Joa, P. Eng.Mark Jobin, P. Geol.John E. Keith, P. Eng.John H. Stilling, P. Eng.Douglas R. Sutton, P. Eng.James H. Willmon, P. Eng. |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (i) | Annual Report on Form 40-F for the year ended December 31, 2013; and, |
|--------|-----|-----------------------------------------------------------------------|

|   | (ii) | Registration Statement on Form F-10 (File No. 333-191876), filed with the Securities and Exchange Commission. |
|--------|------|---------------------------------------------------------------------------------------------------------------|

|   | Yours truly,                       |   |
|--------|------------------------------------|--------|
|   |                               |   |
|   | GLJ PETROLEUM CONSULTANTS LTD.     |   |
|   |                               |   |
|   | “Originally Signed By” |   |
|   |                               |   |
|   | Caralyn P. Bennett, P. Eng.        |   |
|   | Vice-President                     |   |

----

----
#### James Terrial JONES, Plaintiff—Appellant, v. CITY OF ANAHEIM; et al., Defendants—Appellees.

No. 05-55752.

United States Court of Appeals, Ninth Circuit.

*709Submitted April 16, 2007 *.

Filed April 18, 2007.

Bernadine T. Tsung-Megason, Esq., Pasadena, CA, for Plaintiff-Appellant.

Moses W. Johnson, IV, Esq., Anaheim City Attorney’s Office, Anaheim, CA, for Defendants-Appellees.

Before: FARRIS and GOULD, Circuit Judges, and DUFFY **, Senior Judge.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Kevin Thomas Duffy, Senior United States District Judge for the Southern District of New York, sitting by designation.

MEMORANDUM ***

James Terrial Jones appeals the district court’s order granting defendants’ motion for summary judgment on Jones’ civil rights and related state law claims. We review the grant of summary judgment *de novo. See Trimble v. City of Santa Rosa,*49 F.3d 583, 584 (9th Cir.1995). We affirm.

Before filing his § 1983 claim, Jones was charged with resisting arrest under California Penal Code § 148(a)(1) by Officer Mendoza and by Officer Flanagan; he was convicted only of resisting arrest by Flanagan. That conviction included the finding that Flanagan did not use excessive force. *Cf. Smith v. City of Hemet,*394 F.3d 689, 699 n. 5 (2005).

The district court analyzed the officers’ conduct as a whole. It held that a judgment against Mendoza for using excessive force would mean that Flanagan also used excessive force, necessarily implying the invalidity of Jones’ conviction and therefore violating *Heck v. Humphrey,*512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

However, under § 148(e) “[a] person may be convicted of multiple violations of [§ 148(a)(1) ] if more than one public officer, peace officer, or emergency medical technician are victims.” Thus, Jones’ interaction with each officer was analyzed *710separately by the California jury. A judgment against Mendoza for using excessive force therefore would not necessarily imply the invalidity of the jury’s determination that Flanagan did not use excessive force. Jones’ suit is not barred by *Heck.*

Jones resisted arrest by Flanagan, Mendoza’s fellow officer. Under those circumstances, there is no genuine issue on this record that Mendoza used more than “the force a reasonable and prudent law enforcement officer would use.” *See Monroe v. City of Phoenix,*248 F.3d 851, 859 (9th Cir.2001). Jones’ suit against the remaining defendants relied on Mendoza’s alleged wrongdoing. Summary judgment was appropriate for all defendants.

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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; Fellowships in Diabetes Endocrinology and Metabolic Diseases.

*Date:* October 14-15, 2021.

*Time:* 10:00 a.m. to 1:00 p.m.

*Agenda:* To review and evaluate grant applications.

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

*Contact Person:* Thomas A. Tatham, Ph.D., Scientific Review Officer, Review Branch, Division of Extramural Activities, NIDDK, National Institutes of Health, Room 7021, 6707 Democracy Boulevard, Bethesda, MD,  20892-5452, (301) 594-3993, *tathamt@mail.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: September 10, 2021.

Miguelina Perez,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-19935 Filed 9-14-21; 8:45 am]

BILLING CODE 4140-01-P
<PAGE>
                                                                    EXHIBIT 99.2


                            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 accompanying Annual Report of The viaLink
Company (the Company) on Form 10-KSB for the period ending December 31, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Brian M. Carter,Vice 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, to my knowledge, 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.


/s/ Brian M. Carter
----------------------------------
Brian M. Carter
Vice President and Chief Financial
 Officer
March 31, 2003