alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael LANE, Plaintiff-Appellant v. John DOE, Captain; John Doe, Sergeant; Joseph G. Hejl, III, Jailer; Jair Santana, Jailer, Defendants-Appellees.

No. 09-20429

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 29, 2010.

Michael Lane, Tennessee Colony, TX, pro se.

*965Lisa Rice Hulsey, Assistant County Attorney, F. Clinton Gambill, II, Houston, TX, for Defendants-Appellees.

Before JOLLY, GARZA and STEWART, Circuit Judges.

PER CURIAM: *

Michael Lane, Texas prisoner # 1238595, appeals the district court’s summary judgment dismissal of his 42 U.S.C. § 1983 complaint, asserting claims of excessive force, denial of adequate medical care, and retaliation, for failure to exhaust administrative remedies, pursuant to 42 U.S.C. § 1997e(a). Lane’s motion for an extension of time to file a reply brief is GRANTED. His motions to strike the appellee’s brief and to order the unserved defendants to file a brief are DENIED.

We review the district court’s grant of summary judgment de novo. *Cousin v. Small,*325 F.3d 627, 637 (5th Cir.2003). Lane was required under § 1997e(a) to exhaust administrative remedies before filing suit. *See*§ 1997e(a); *Jones v. Bock,*549 U.S. 199, 202, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007); *Johnson v. Johnson,*385 F.3d 503, 515 (5th Cir.2004). Proper exhaustion is required, meaning that the prisoner must not only pursue all available avenues of relief; he must also comply with all administrative deadlines and procedural rules. *Woodford v. Ngo,*548 U.S. 81, 89-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006). Because exhaustion is an affirmative defense, Jair Santana, the party moving for summary judgment, had the burden to demonstrate that Lane failed to exhaust available administrative remedies and was required to establish “beyond peradventure all of the essential elements of the defense of exhaustion to warrant summary judgment” in his favor. *Dillon v. Rogers,*596 F.3d 260, 266 (5th Cir.2010).

Viewing the evidence in the light most favorable to Lane, the summary judgment evidence reveals no genuine issue of material fact on the issue whether Lane failed to complete the required steps of the Harris County Jail grievance procedure with respect to his November 30, 2004, grievance, which alleged excessive force by Joseph G. Hejl III. Lane’s grievance raised no allegations involving Santana, Sergeant John Doe, or Captain John Doe and did not allege delayed medical care or retaliation. Because Lane failed to complete the administrative review process, the district court did not err in dismissing Lane’s complaint for failure to exhaust administrative remedies. *See Ngo,*548 U.S. at 93, 126 S.Ct. 2378. We find no error in the decision to award summary judgment to the unserved defendants. *See NL Indus., Inc. v. GHR Energy Corp.,*940 F.2d 957, 965 (5th Cir.1991).

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<PAGE>
                                                                   Page 11 of 14

                                                                   EXHIBIT 99(d)

                        KEYCORP STUDENT LOAN TRUST 2001-A
                              OFFICER'S CERTIFICATE


Key Consumer Receivables LLC                Bank One, National Association
c/o Key Bank USA, National Association      One Bank One Plaza, Suite 0126
800 Superior Ave, 4th Floor                 Chicago, IL  60670
Cleveland, Ohio 44114                       Attn: Corporate Trust Administration
ATTN: Senior Vice President                 Phone: (312) 407-0192
Phone: (216) 828-9342                       Fax: (312) 407-1708
Fax: (216) 828-9301

MBIA Insurance Corporation                  Key Bank USA, National Association
113 King Street                             800 Superior Ave, 4th Floor
Armonk, NY 10504                            Cleveland, Ohio 44114
ATTN: Data Administration                   ATTN: Key Education Resources,
Phone: (914) 765-3772                             Student Loan Trust 2001A
Fax:  (914) 765-3810                        Phone: (216) 828-9342
                                            Fax: (216) 828-9301

The Chase Manhattan Bank
450 West 33rd Street, 14th Floor
New York, NY 10001
ATTN: Structured Finance
Phone: (201) 593-6784
Fax: (201) 593-6459


Pursuant to Section 4.09 of the Sale and Servicing Agreement among Key Consumer
Receivables LLC, as Depositor, Key Bank USA, National Association, as Master
Servicer and Administrator, KeyCorp Student Loan Trust 2001-A, and Bank One,
National Association as Eligible Lender Trustee, dated as of September 1, 2001
(the "Agreement"), the undersigned hereby certifies that (i) a review of the
activities of the Administrator from the inception of the Trust, through
December 31, 2001, and of its performance under the Agreement has been made, and
(ii) to the best of our knowledge, based on our review, the Administrator has
fulfilled all its obligations under the Agreement and the related Administration
Agreement respectively throughout such period.

                                            Key Bank USA, National Association,
                                            as Administrator


                                            by:    /s/ DARLENE H. DIMITRIJEVS
                                            ------------------------------------
Date: March 4, 2002                         Name:  Darlene H. Dimitrijevs, CPA
                                            Title: Senior Vice President


                                            by:    /s/ DEBRA S. FRONIUS
                                            ------------------------------------
                                            Name:  Debra S. Fronius
                                            Title: Vice President
Exhibit 10.4





Exhibit 10.4




FIRST AMENDMENT TO

AMENDED AND RESTATED EMPLOYMENT AGREEMENT




THIS AMENDMENT is made on August      , 2010 to the Amended and Restated Employment Agreement
between Associated Materials LLC, a Delaware limited liability company and a wholly owned indirect
subsidiary of AMH Holdings II, Inc., a Delaware corporation, and Thomas Chieffe, dated as of April
15, 2010 (the “Agreement”).



WHEREAS, the “Special Retention Incentive Bonus” payable pursuant to Section 4(b)(3) of the
Agreement is subject to the rules specified in Section 409A of the Internal Revenue Code of 1986,
as amended (“Section 409A”);



WHEREAS, the inclusion of an initial public offering as an acceleration event for the payment
of the Special Retention Incentive Bonus is not in conformity with the requirements of Section
409A;



WHEREAS, pursuant to Section V of Internal Revenue Service Notice 2010-6, the parties may
retroactively correct that Section 409A issue by amending the Agreement;



NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby amend the first sentence of Section 4(b)(4) of the
Agreement to read as follows:




For purposes of this Agreement, “Liquidity Event” shall mean a transaction or series of
transactions (whether structured as a stock sale, merger, consolidation, reorganization,
asset sale or otherwise) which results in the sale or transfer of more than a majority of
the assets of AMH II and its subsidiaries (determined based on value) or of a majority of
the capital stock of AMH II to a person other than the Investors or their affiliates;
provided that such transaction or series of transactions constitutes a “change in the
ownership or effective control” of AMH II or a “change in the ownership of a substantial
portion of the assets” of AMH II, as such terms are used in Section 409A(a)(2)(A)(v) of the
Code.



No other provision of the Agreement shall be affected by this Amendment, and all other
provisions of the Agreement shall remain in full force and effect.



[Signature Page Follows]




 


 









 







IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have executed this
First Amendment effective as of April 15, 2010.



	 	 	 	 	 
	 	ASSOCIATED MATERIALS LLC

 	 
	Date:  9/7/2010      
             
              
       	By:  	/s/ Stephen E. Graham
 	 
	 	 	Stephen E. Graham 	 
	 	 	Chief Financial Officer 	 
	 
	 	THOMAS CHIEFFE

 	 
	Date:  9/7/2010       
             
              
       	/s/ Thomas Chieffe
 	 
	 	 	 




 


2
Exhibit 32.2

Certification of CFO 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 Orion Energy Systems, Inc., a Wisconsin corporation (the Company), on Form 10-Q/A for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Scott R. Jensen, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: June 14, 2012/s/ Scott R. JensenScott R. JensenChief Financial Officer, Chief Accounting Officer and Treasurer


A signed original of this written statement required by Section 906 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.
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 Quarterly Report on Form 10-Q of DuPont Fabros Technology, Inc. (the Company) for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), we, Hossein Fateh and Steven G. Osgood, Chief Executive Officer and Chief Financial Officer, respectively, of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to our knowledge:



| | 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: November 28, 2007



By:

/s/ Hossein FatehName:

Hossein FatehTitle:

Chief Executive OfficerBy:

/s/ Steven G. OsgoodName:

Steven G. OsgoodTitle:

Chief Financial Officer
**Exhibit
      32.1**





**Certification
      of Principal Executive Officer****and Principal 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 Wentworth VIII, Inc. (the "Company")
      on
      Form 10-Q for the period ended June 30, 2008 as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), I, Kevin R. Keating,
      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/
                Kevin R. KeatingKevin
                R. Keating
              Principal
                Executive Officer
              Principal
                Financial Officer
              July
                28, 2008
# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 21

- 11216 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Eric Paul Bradix,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18

- CR

- 95

- 1

Before **Jolly, Willett,** and **Engelhardt,** Circuit Judges

. **Per Curiam :**  *

The Federal Public Defender appointed to represent Eric Paul Bradix
has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Bradix has not filed a response.

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be publish ed and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 4, 2022
Lyle W. Cayce Clerk Case: 21-11216 Document: 00516306792 Page: 1 Date Filed: 05/04/2022No. 21

- 11216

2 During the pendency of this appeal, Bradix completed the sentence imposed on revocation of supervised release and was released from custody.
Because he has not shown that he will suffer collateral consequences as

a result of the revocation of his supervised release and because no additional term of supervised release was imposed, the instant appeal does not present a case or controversy, and this court lacks jurisdiction. See Spen cer v. Kemna , 523 U.S. 1, 7 (1998).
Accordingly, the appeal is **DISMISSED AS MOOT** , and counsel’s
motion for leave to withdraw is **DENIED** as unnecessary. Case: 21-11216 Document: 00516306792 Page: 2 Date Filed: 05/04/2022
SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549


                                    FORM 8-K

                 CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d)

                     OF THE SECURITIES EXCHANGE ACT OF 1934


         DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): APRIL 8, 2003


                             AREAWIDE CELLULAR, INC.
             (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)

           DELAWARE                     000-98765                65-0183747
(STATE OR OTHER JURISDICTION     (COMMISSION FILE NUMBER)     (I.R.S. EMPLOYER
      OF INCORPORATION)                                      IDENTIFICATION NO.)


                             1615 BARCLAY BOULEVARD
                          BUFFALO GROVE, ILLINOIS 60089
                    (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)

       REGISTRANTS' TELEPHONE NUMBER, INCLUDING AREA CODE: (847) 353-7000



                       ITEM 3. BANKRUPTCY OR RECEIVERSHIP.

 (a) ON MARCH 11, 2003, AREAWIDE CELLULAR, INC. AND ITS WHOLLY-OWNED SUBSIDIARY,
             AREAWIDE CELLULAR, L.L.C. (COLLECTIVELY, THE "DEBTORS")
     EACH FILED VOLUNTARY PETITIONS FOR RELIEF UNDER CHAPTER 11 OF TITLE 11
                OF THE UNITED STATES CODE (THE "BANKRUPTCY CODE")
   IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
          (THE "BANKRUPTCY COURT") (CASE NOS. 03-115153, AND 03-15156).
        THE DEBTORS MANAGE, AND WILL CONTINUE TO MANAGE, THEIR PROPERTIES
             AND OPERATE THEIR BUSINESSES AS "DEBTORS-IN-POSSESSION"
        UNDER THE JURISDICTION OF THE BANKRUPTCY COURT AND IN ACCORDANCE
             WITH THE APPLICABLE PROVISIONS OF THE BANKRUPTCY CODE.


                               (b) NOT APPLICABLE.

              ITEM 4. CHANGE IN REGISTRANTS CERTIFYING ACCOUNTANT

     EFFECTIVE MARCH 11, 2003, AREAWIDE CELLULAR, INC. AND ITS WHOLLY OWNED
SUBSIDIARY, AREAWIDE CELLULAR, LLC (THE "COMPANY"), TERMINATED ITS RELATIONSHIP
 WITH ALTSCHULER MELVOIN & GLASSER LLP, THE PREDECESSOR ACCOUNTANT, AND ENGAGED
    MILLER COOPER & CO. LTD., THE SUCCESSOR ACCOUNTANT, TO PERFORM AUDIT AND
                       RELATED SERVICES FOR THE COMPANY.


<PAGE>


                                   SIGNATURES

     PURSUANT TO THE REQUIREMENTS OF THE SECURITIES EXCHANGE ACT OF 1934, THE
REGISTRANT HAS DULY CAUSED THIS REPORT TO BE SIGNED ON ITS BEHALF BY THE
UNDERSIGNED HEREUNTO DULY AUTHORIZED.

                              AREAWIDE CELLULAR, INC.




DATE: APRIL 8, 2003                BY:  /s/ MICHAEL KAPLAN
                                   MICHAEL KAPLAN
                                   CO-PRESIDENT AND
                                   CO-CHIEF EXECUTIVE OFFICER
# UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

---

### FORM 8-K

---

# CURRENT REPORT
Pursuant to Section 13 or 15 (d) of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): April 25, 2007

---

CyberOptics Corporation
(Exact name of registrant as specified in its charter)

|Minnesota                                | (0-16577)             | 41-1472057         
|---------------------------------------- | --------------------- | -------------------
|(State or other jurisdiction of          | (Commission File No.) | (I.R.S. Employer   
|incorporation or organization)           |                       | Identification No.)
|                                        
|5900 Golden Hills Drive                  |                       |                    
|Minneapolis, Minnesota                   |                       | 55416              
|(Address of principal executive offices) |                       | (Zip Code)         

(763) 542-5000(Registrants telephone number, including area code)

____________________________________________________________
(Former name or former address, if changed since last report.)

---

Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2.
below):

|o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
|- | -------------------------------------------------------------------------------------

|o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
|- | --------------------------------------------------------------------------------------

|o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
|- | ------------------------------------------------------------------------------------------------------

|o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
|- | ------------------------------------------------------------------------------------------------------





---

# Item 2.02.    Results of Operations and
Financial Condition

| | On April 25, 2007, CyberOptics Corporation published a press
release providing information regarding its results of operations and financial condition for the quarter ended March 31, 2007.
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

# Item 9.01.   Financial Statements and Exhibits

| | Exhibit 99   Press Release Dated April 25, 2007.
| | ------------------------------------------------

# SIGNATURES

Pursuant to the requirements
of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

| | CYBEROPTICS CORPORATION
| | -----------------------
|
| | By                     
| |                        
| |                        

Dated:   April 25, 2007

---
Exhibit
10.3

     

    Lease
Agreement

    
 

    Party
A:No.1 Residents Group of Liang Yuan Community

    Party B:
Kun Ming Xin Yuan Tang Pharmaceuticals Co., Ltd

    Per the
Contract Law and relevant rules, both parties shall sign this agreement in order
to specify the interest and obligations:

    1. Party
B shall rent from Party A shop 200 m2 on the ground floor located on No.504 of
West Ren Min Road of Kun Ming City, warehouse 1200 m2 on No.508 of West Ren Min
Road of Kun Ming City, warehouse 700 m2 on the first floor on No.506 of West Ren
Min Road of Kun Ming City and 20 standard rooms on the 7th floor for
offices,warehousing and business. All utilities shall be borne by Party B, who
shall pay all kinds of fees on time.

    2. During
the lease, Party B shall comply with the State's laws and relevant rules without
any activities damaging Party A, otherwise Party B shall bear all
consequences.

    3. During
the lease, Party B shall give one month notice to Party A if the lease will not
be renewed. The whole lease term is 10 years, commencing April 1, 2005 and
ending March 31, 2015, upon completion of which Party B shall return the
property with fair conditions to Party A, whereby Party B has the priority renew
the lease.

    4. The
total rental and property management fee are RMB 580,000.00, payable at one time
when this Agreement is signed. The rental shall be paid one month earlier if the
property will be leased continually.

    5. This
Agreement becomes effective upon signing or sealing, each party holding one
original.

    Party
A:

    No.1
Residents Group of Liang Yuan Community (Seal)

    Liang
Yuan Residents Committee of Ma Jie Town, Xi Shan District, Kun Ming
City(Seal)

    


    Party
B:

    Kun Ming
Xin Yuan Tang Pharmaceuticals Co., Ltd(Seal)
CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


      In connection with the Annual Report of M-GAB Development Corporation (the
"Company") on Form 10-K for the year ended  December 31, 2005, as filed with the
Securities and Exchange  Commission on or about the date hereof (the  "Report"),
I, Carl M. Berg, President of the Company,  certify,  pursuant to 18 U.S.C. Sec.
1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) The Report fully complies with the  requirements  of Sections 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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


Dated:  March 30, 2005                     /s/ Carl M. Berg
                                           -------------------------------------
                                           By:  Carl M. Berg
                                           Its:  President


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