alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michele Cherie Chapman MOORE, Appellant, v. Joyce PLOCK; State of Nebraska; York Penitentiary for Women; Dave Heineman, Governor of Nebraska; Robert Houston, Director of Dept. of Correctional Services; Ryan Mahr, Warden of Community Corrections Center of Omaha; Jamey Odell, R.N. Acting Adon of Attorney General’s Office OCC, Appellees.

No. 10-1250.

United States Court of Appeals, Eighth Circuit.

Submitted: May 27, 2010.

Filed: June 2, 2010.

Michele Cherie Chapman Moore, Omaha, NE, pro se.

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

PER CURIAM.

Former Nebraska inmate Michele Moore appeals the district court’s1 preser-vice dismissal without prejudice of her 42 U.S.C. § 1988 complaint. After careful de novo review, *see Moore v. Sims,*200 F.3d 1170, 1171 (8th Cir.2000) (per curiam), we agree with the district court that Moore’s claims were barred by the Eleventh Amendment, *see Will v. Mich. Dep’t of State Police,*491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (because Eleventh Amendment immunizes states from suit, neither state nor its officials acting in their official capacity are “persons” under § 1983); *Monroe v. Ark. State Univ.,*495 F.3d 591, 594 (8th Cir.2007) (Eleventh Amendment bars suit against state agency for any kind of relief); *Larson v. Kemp-ker,*414 F.3d 936, 939 n. 3 (8th Cir.2005) (Eleventh Amendment bars § 1983 lawsuit against state agency even if entity is moving force behind deprivation of federal right *(citing Kentucky v. Graham,*473 U.S. 159, 169, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985))); *Johnson v. Outboard Marine Corp.,*172 F.3d 531, 535 (8th Cir.1999) (unless pleading expressly and unambiguously states public official is sued in individual capacity, it will be assumed that defendant is sued only in official capacity).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF NOVEMBER 1, 1997; THE CONSOLIDATED STATEMENTS
OF OPERATIONS FOR THE FISCAL YEAR ENDED NOVEMBER 1, 1997; AND THE CONSOLIDATED
STATEMENT OF CASH FLOWS FOR THE FISCAL YEAR ENDED NOVEMBER 1, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          NOV-01-1997
<PERIOD-START>                             NOV-03-1996
<PERIOD-END>                               NOV-01-1997
<CASH>                                            4796
<SECURITIES>                                         0
<RECEIVABLES>                                    97381
<ALLOWANCES>                                       879
<INVENTORY>                                          0
<CURRENT-ASSETS>                                114055
<PP&E>                                           38443
<DEPRECIATION>                                   18860
<TOTAL-ASSETS>                                  154530
<CURRENT-LIABILITIES>                            68871
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           103
<OTHER-SE>                                       57193
<TOTAL-LIABILITY-AND-EQUITY>                    154530
<SALES>                                         574864
<TOTAL-REVENUES>                                576808
<CGS>                                           453754
<TOTAL-COSTS>                                   559477
<OTHER-EXPENSES>                                 (418)
<LOSS-PROVISION>                                  1170
<INTEREST-EXPENSE>                                1826
<INCOME-PRETAX>                                  15923
<INCOME-TAX>                                      6367
<INCOME-CONTINUING>                               9556
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9556
<EPS-PRIMARY>                                     0.93
<EPS-DILUTED>                                     0.93
        

</TABLE>
No. 142.

#### Twin City Power Co. *v.*Savannah River Electric Co.

Jurisdictional statement submitted October 12, 1931.

Decided October 19, 1931.

*Messrs. D. W. Robinson, George E. O’Connor,*and *E. H. Callaway*for appellant.

*Mr. M. G. McDonald*for appellee.

*Per Curiam:*

The appeal herein is dismissed. *Louisiana Navigation Co., Ltd.,*v. *Oyster Commission,*226 U. S. 99, 101; *Reddall*v. *Bryan,*24 How. 420; *Bruce*v. *Tobin,*245 U. S. 18, 19; *Verden*v. *Coleman,*18 How. 86; *Moses*v. *The Mayor,*15 Wall. 387. The petition for a writ of certiorari in this cause is denied.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO 
18 U.S.C. SECTION 1350, 
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Platinum Studios, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Brian Altounian, President, Chief Operating Officer & Principal Financial and Accounting Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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.

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.



|December 4, 2008 | /s/ Brian AltounianBrian Altounian
President, Chief Operating Officer& Principal Financial and Accounting Officer
|---------------- | -----------------------------------------------------------------------------------------------------------------

1

---
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Heritage Property Investment Trust, Inc.:

We
consent to the incorporation by reference in the registration statements (Nos. 333-109537, 333-109538 and 333-109539) on
Form S-3/A, the registration statement (No. 333-97993) on Form S-8, and the registration statements (Nos. 333-116298 and
333-121578) on Form S-4/A of Heritage Property Investment Trust, Inc. (the Company) of our reports dated March 7, 2005, except as to Note 2, which
is as of November 8, 2005, with respect to the consolidated financial statements and financial statement schedule, and our report dated March 7, 2005, except as to the fourth through
final paragraphs of Management's Annual Report on Internal Control over Financial Reporting (as Restated), which are as of November 8, 2005, on management's assessment of the effectiveness of
internal control over financial reporting and the effectiveness of internal control over financial reporting as of December 31, 2004, which reports appear in the December 31, 2004 annual
report on Form 10-K/A of the Company.

Our
report on management's assessment on the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting as of
December 31, 2004 expresses our opinion that the Company did not maintain effective internal control over financial reporting as of December 31, 2004 because of the effect of a material
weakness on the achievement of the objectives of the control criteria and contains an explanatory paragraph that states that management has identified and included in its revised assessment the
following material weakness as of December 31, 2004: The Company did not have effective policies and procedures to ensure that significant compensation arrangements were consistently accounted
for in accordance with U.S. generally accepted accounting principles. Those policies and procedures did not provide for complete and timely consideration of the accounting requirements applicable to
the terms of such arrangements.

/s/
KPMG LLP

Boston,
Massachusetts
November 8, 2005

---



QuickLinks
EXHIBIT 99.1

THE BANK OF NEW YORK MELLON

Officers Certificate

February 20, 2014

MERRILL LYNCH DEPOSITOR, INC. 
  One Bryant Park 
4th Floor  Structured Credit Trading

    New York, New York
10036

PREFERREDPLUS, PPLUS
TRUST AND INDEXPLUS CERTIFICATE

The undersigned, James W. P. Hall,
Vice President of The Bank of New York Mellon (formerly The Bank of New York), a New York corporation (the Trustee), hereby
certifies in such capacity that, based on his knowledge, the Trustee has complied, in all
material respects, with all conditions and covenants applicable to the Trustee under the
Standard Terms for Trust Agreements dated February 20, 1998 between Merrill Lynch
Depositor, Inc. as depositor (the Depositor) and the Trustee, as successor to United
States Trust Company of New York, as trustee and securities intermediary (the Securities
Intermediary), in each case as amended by a series supplement between the Depositor, the
Trustee and the Securities Intermediary for each trust series listed in the attached
schedule.

| | Very truly yours,                                                               
| | --------------------------------------------------------------------------------
| |                                                                                 
| | The Bank of New York Mellon (formerly

        The Bank of New York), as Trustee
| |                                                                                 
| | By: /s/ James W. P. Hall                                                        
| | Name: James W. P. Hall
      Title: Vice President                              



| |  | 
| |  | 

---







SCHEDULE

INDEXPLUS Trust Series 2003-1  PPLUS Trust Series GSC-1 
  PPLUS Trust Series GSC-2 
  PPLUS Trust Series GSG-2 
  PPLUS Trust Series
JPM-1  PreferredPLUS Trust Series CZN-1  PreferredPLUS Trust
Series FAR-1  PreferredPLUS Trust Series QWS-1 
  PreferredPLUS Trust Series QWS-2  PreferredPLUS Trust Series VER-1

| |  | 
| |  | 

---
I 

111TH CONGRESS 

1ST SESSION H. R. 935 

To amend title 10, United States Code, to increase the number of persons 

appointed to the military service academies from the Commonwealth 

of the Northern Mariana Islands and American Samoa from nominations 

made by the Delegates in Congress from the Commonwealth of the 

Northern Mariana Islands and American Samoa. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. SABLAN (for himself and Mr. FALEOMAVAEGA) introduced the following 

bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to increase the 

number of persons appointed to the military service academies from the Commonwealth of the Northern Mariana 

Islands and American Samoa from nominations made 

by the Delegates in Congress from the Commonwealth 

of the Northern Mariana Islands and American Samoa. 

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


jbell on PROD1PC69 with BILLS
2 

•HR 935 IH

1 SECTION 1. APPOINTMENTS TO MILITARY SERVICE ACAD2 EMIES FROM NOMINATIONS MADE BY DELE3 GATES FROM THE COMMONWEALTH OF THE 

4 NORTHERN MARIANA ISLANDS AND AMER5 ICAN SAMOA. 

6 (a) UNITED STATES MILITARY ACADEMY.—Section 

7 4342(a) of title 10, United States Code, is amended— 

8 (1) in paragraph (9), by striking ‘‘Two’’ and in9 serting ‘‘Three’’; and 

10 (2) in paragraph (10), by striking ‘‘One’’ and 

11 inserting ‘‘Three’’. 

12 (b) UNITED STATES NAVAL ACADEMY.—Section 

13 6954(a) of title 10, United States Code, is amended— 

14 (1) in paragraph (9), by striking ‘‘Two’’ and in15 serting ‘‘Three’’; and 

16 (2) in paragraph (10), by striking ‘‘One’’ and 

17 inserting ‘‘Three’’. 

18 (c) UNITED STATES AIR FORCE ACADEMY.—Section 

19 9342(a) of title 10, United States Code, is amended— 

20 (1) In paragraph (9), by striking ‘‘Two’’ and 

21 inserting ‘‘Three’’; and 

22 (2) in paragraph (10), by striking ‘‘One’’ and 

23 inserting ‘‘Three’’. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply with respect to the nomination of 

26 candidates for appointment to the United States Military 


jbell on PROD1PC69 with BILLS
3 

•HR 935 IH

1 Academy, the United States Naval Academy, and the 

2 United States Air Force Academy for classes entering 

3 these military service academies after the date of the en4 actment of this Act. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 23

**CONSENT OF INDEPENDENTACCOUNTANTS**

We hereby consent to the incorporation by reference in the registration statements of Chateau Communities, Inc. or CP Limited Partnership on Form S-8 (File Nos.333-73566, 333-40166 and 333-28583) and Form S-3 (File Nos. 333-86088, 333-39228, 333-36323, 333-28703, 333-38898, 333-38898-01, 333-43981, 333-43981-01, 333-74399, and 333-38307) of our report dated February 26, 2003****relating to the consolidated financial statements and financial statement schedule of Chateau Communities, Inc. and CP Limited Partnership, respectively as of December 31, 2002 and 2001 and for each of the three years in theperiod ended December 31, 2002, which appear in the Annual Reports on Form 10-K, respectively. 

 

|                           |   |   |   |
|--------------------------------|--------|--------|--------|
| /s/ PricewaterhouseCoopersLLP  |   |   |        |
| Denver, ColoradoMarch 28, 2003 |   |   |   |
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00783-CR

IN RE Adam GONZALES

Original Mandamus Proceeding1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: February 8, 2017

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

Relator filed this petition for writ of mandamus on December 2, 2016, alleging the trial 

court had failed to rule on his motions for post-conviction DNA testing and for appointment of 

counsel in connection with his request for DNA testing. See TEX. CODE CRIM. PROC. ANN. art. 

64.01 (West Supp. 2016). On January 24, 2017, Respondent, the Honorable N. Keith Williams, 

ruled on relator’s motion and signed an order finding that, based on the State’s response, the 

evidence no longer exists and denying the motion for testing. See id. art. 64.01(c) (right to 

appointment of counsel is dependent on trial court’s finding that “reasonable grounds” exist for

DNA testing motion). A copy of the order was filed in this court on January 24, 2017. Therefore, 

 1 This proceeding arises out of Cause No. A02-136, styled State v. Adam Gonzales, in the 216th Judicial District Court, 

Kerr County, Texas, the Honorable N. Keith Williams presiding.
04-16-00783-CR

- 2 -

the issue raised by the Relator in this mandamus proceeding has become moot. Accordingly, this 

original mandamus proceeding is dismissed as moot. 

PER CURIAM

DO NOT PUBLISH
Exhibit 31.1



SARBANES-OXLEY SECTION 302

CERTIFICATION OF CHIEF EXECUTIVE OFFICER



I, Russell W. Mitchell, Chief Executive Officer of Puramed Bioscience Inc., certify that:



1.        I have reviewed this report on Form 10-QSB of Puramed Bioscience Inc.;



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 small business issuer as of, and for, the periods presented in this report;



4.        The small business issuers other certifying officer 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 small business issuer 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 small business issuer, 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;



b)        Evaluated the effectiveness of the small business issuers disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and



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



5.        The small business issuers other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of small business issuer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 small business issuer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 small business issuers internal control over financial reporting.





Date:   November 12, 2007
        /s/   Russell W. MitchellRussell W. MitchellChairman and Chief Executive Officer








---
DISMISS and Opinion Filed April 20, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-01067-CV 

PRO-FIRE & SPRINKLER, LLC AND JAMES C. LANKFORD, 

INDIVIDUALLY, Appellants 

V. 

THE LAW COMPANY, INC., Appellee 

On Appeal from the 95th District Court 

Dallas County, Texas 

Trial Court Cause No. DC-18-18762 

MEMORANDUM OPINION 

Before Justices Nowell, Goldstein, and Breedlove 

Opinion by Justice Breedlove 

Before the Court is appellants’ motion to dismiss the appeal based on 

settlement. We grant the motion and dismiss the appeal. See TEX. R. APP. P.

42.1(a)(1). 

221067F.P05 

 

/Maricela Breedlove/

MARICELA BREEDLOVE 

JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

PRO-FIRE & SPRINKLER, LLC 

AND JAMES C. LANKFORD, 

INDIVIDUALLY, Appellants 

No. 05-22-01067-CV V. 

THE LAW COMPANY, INC., 

Appellee 

 On Appeal from the 95th District 

Court, Dallas County, Texas 

Trial Court Cause No. DC-18-18762. 

Opinion delivered by Justice 

Breedlove, Justices Nowell and 

Goldstein participating. 

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

 As agreed by the parties, we ORDER that each party bear its own costs of 

this appeal. 

Judgment entered April 20, 2023.
October 30, 2014

By Email: submissions@cftc.gov

Secretary of the Commission

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: tpSEF Inc. – Regulation 40.2 Certification of CDS Index Contract – North 

America Investment Grade 10Y Swaps and Swaptions (#14-18P)

Ladies and Gentlemen:

tpSEF Inc. (“tpSEF”) herby notifies the Commodity Futures Trading Commission (the 

“Commission”) of its intent to list CDS Index Contract – North America Investment Grade 10Y 

Swaps and Swaptions (the “Contract”) on tpSEF’s swap execution facility. tpSEF intends to list 

the Contract on November 3, 2014.

Pursuant to Commission Regulation 40.2, this submission includes:

i. A copy of the submission cover sheet in accordance with the instructions in 

Appendix D to Part 40 of the Commission’s regulations;

ii. The intended listing date – November 3, 2014;

iii. A certification by tpSEF that: (a) the Contract complies with the Commodity 

Exchange Act, as amended, and the Commission regulations thereunder; and (b) 

concurrent with this submission, tpSEF posted on its website: (i) a notice of 

pending certification of the Contract, and (ii) a copy of this submission, attached 

as Exhibit A;

iv. The Contract’s terms and conditions, attached as Exhibit B; and

v. An explanation and analysis of the Contract’s compliance with applicable core 

principles and Commission regulations, attached as Exhibit C.

tpSEF is listing the Contract by virtue of updating the terms and conditions of CDS Index 

Contract – North America Investment Grade 10Y submitted to the Commission for selfcertification pursuant to Commission Regulation 40.2 on September 29, 2013. A copy of the 

terms and conditions marked to show changes from the version submitted on 

September 29, 2013 is attached as Exhibit D.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. 23-0731

STATE OF MONTANA,

Plaintiff and Appellee,

v.

BILLY JOE ROGERS,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including June 28, 2024, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 20 2024

05/20/2024

Case Number: DA 23-0731
Exhibit 12.1  FIVE
STAR QUALITY CARE, INC. COMPUTATION
OF RATIO OF EARNINGS TO FIXED CHARGES (in
thousands except ratios)  Year ended December 31,2008
  
  2007
  
  2006
  
  2005
  
  2004Consolidated
  earnings (loss)
  
  $
  129,532
  
  $
  135,075
  
  $
  (18,851
  )
  $
  (5,192
  )
  $
  68,612Consolidated
  fixed charges
  
  127,714
  
  107,570
  
  90,736
  
  74,499
  
  63,431Ratio of
  consolidated earnings to fixed charges
  
  1.0x
  
  1.3x
  
  N/M
  
  N/M
  
  1.1xDeficiency
  
  
  
  
  
  109,587
  
  79,691
  
  Calculation of
  consolidated earnings (loss):Consolidated
  income (loss) from continuing operations before income tax
  
  $
  1,818
  
  $
  27,505
  
  $
  (109,587
  )
  $
  (79,691
  )
  $
  5,181Consolidated
  fixed charges
  
  127,714
  
  107,570
  
  90,736
  
  74,499
  
  63,431Consolidated
  earnings (loss)
  
  $
  129,532
  
  $
  135,075
  
  $
  (18,851
  )
  $
  (5,192
  )
  $
  68,612Calculation of
  fixed charges:Interest expense
  
  $
  6,070
  
  $
  6,335
  
  $
  3,791
  
  $
  3,045
  
  $
  882Estimated
  interest component of rent expense
  
  121,377
  
  100,768
  
  86,372
  
  70,867
  
  62,260Amortization of
  debt discounts / premium
  
  34
  
  49
  
  191
  
  193
  
  Amortization of
  capitalized deferred finance costs
  
  233
  
  418
  
  382
  
  394
  
  289Fixed charges
  
  $
  127,714
  
  $
  107,570
  
  $
  90,736
  
  $
  74,499
  
  $
  63,431