alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Keith STEWART, Plaintiff-Appellant v. Mrs. Unknown SENG, M.D.; Charles Gaylord, Sergeant; Unknown Emt’s, Defendants-Appellees.

No. 10-30242

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 25, 2010.

Keith Stewart, Angola, LA, pro se.

Douglas Gist Swenson, Office of the Attorney General, Baton Rouge, LA, for Defendants-Appellees.

Before KING, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM: *

Keith Stewart, Louisiana prisoner # 98926, moves for leave to proceed in *882forma pauperis (IFP) following the district court’s certification that his appeal from the grant of summary judgment for the remaining defendant in his civil rights action is taken in bad faith. He also moves for appointment of counsel; his motion for appointment of counsel is denied.

Stewart gives no indication of the issues he will raise on appeal apart from his conclusional assertion that the district court dismissed his action before he could present evidence. Stewart has failed to brief any issues for his challenge to the district court’s certification that his appeal is taken in bad faith. *See Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987). His IFP motion is denied.

This court may sua sponte dismiss an appeal pursuant to Fifth Circuit Rule 42.2 if “the merits are so intertwined with the certification decision as to constitute the same issue” and it is apparent that the appeal would lack merit. *Baugh v. Taylor,*117 F.3d 197, 202 & n. 24 (5th Cir.1997). The district court’s certification was based on the merits of Stewart’s claim against a particular physician, and therefore is intertwined with the merits of the case. Because Stewart has failed to brief his challenge to the certification, his appeal is dismissed as frivolous. *See Baugh,*117 F.3d at 202 n. 24.

Our dismissal of this appeal as frivolous counts as a strike under 28 U.S.C. § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). We caution Stewart that if he accumulates three strikes, he will not be permitted to proceed IFP in any civil action or appeal filed while incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g).

IFP DENIED; APPEAL DISMISSED; APPOINTMENT OF COUNSEL DENIED; SANCTION WARNING ISSUED.

*

**Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *882the limited circumstances set forth in 5th Cir. R. 47.5.4.
<PAGE>

                              LIST OF SUBSIDIARIES
                         (DATED AS OF JANUARY 31, 1997)

          SUBSIDIARIES OF AFTERMARKET TECHNOLOGY CORP.:
               ATC Components, Inc.
               Aaron's Automotive Products, Inc.
               CRS Holdings Corp.
               Diverco Acquisition Corp.
               H.T.P., Inc.
               King-O-Matic Industries Limited
               Mamco Converters, Inc.
               Mascot Truck Parts Inc.
               Repco Acquisition Corp.
               RPM Merit, Inc.
               Tranzparts Acquisition Corp.
               10468 Newfoundland Inc.
               10469 Newfoundland Inc.

          SUBSIDIARIES OF AFTERMARKET TECHNOLOGY HOLDINGS CORP.:
               Aftermarket Technology Corp.

          SUBSIDIARIES OF CRS HOLDINGS CORP.:
               Component Remanufacturing Specialists, Inc.

          SUBSIDIARIES OF DIVERCO ACQUISITION CORP.:
               Diverco, Inc.

          SUBSIDIARIES OF MASCOT TRUCK PARTS INC.:
               Aldo's Driveline Inc. (50% owned by Mascot)

          SUBSIDIARES OF REPCO ACQUISITION CORP.:
               Replacement and Exchange Parts Co., Inc.

          SUBSIDIARES OF RPM MERIT, INC.:
               Partes Remanufacturadas De Mexico, S.A. De C.V.

          SUBSIDIARES OF TRANZPARTS ACQUISITION CORP.:
               Tranzparts, Inc.
Exhibit 10.5

 

YOUR COMMUNITY BANKSHARES, INC.

RESTRICTED STOCK UNITS AGREEMENT

MODIFICATION

 

THIS RESTRICTED STOCK UNITS MODIFICATION (the “Modification”) is made as of the 2nd day of May, 2016 by and between Paul Chrisco (the “Executive”), and Your Community Bankshares, Inc. (the “Company”), an Indiana corporation with its principal place of business at 101 West Spring Street, New Albany, Indiana 47150.

 

Recitals

 

WHEREAS, the Company awarded Executive restricted stock units under those certain Restricted Stock Unit Award Agreements dated as of December 15, 2014 (the “2014 Award Agreement”) and January 14, 2015 (the “2015 Award Agreement”) (collectively, the “Award Agreements”);

 

WHEREAS, the Company and Executive adopted a modification to the Award Agreements effective November 30, 2015 (the “Amendment”) to provide that any unvested restricted stock units awarded to Executive under the Award Agreements would become fully vested in the event of Executive’s death, disability or a Change in Control of the Company;

 

WHEREAS, the Company and the Executive wish to revoke the Amendment with respect to certain unvested restricted stock units awarded to Executive under the Award Agreements that were originally scheduled to vest on December 15, 2016 and January 14, 2017, respectively; and

 

WHEREAS, Executive desires to accept the revocation of the Amendment with respect to certain unvested restricted stock units awarded to Executive under the Award Agreements that were originally scheduled to vest on December 15, 2016 and January 14, 2017, respectively.

 

NOW, THEREFORE, in consideration of the foregoing and the mutual undertakings herein contained, and for other good and valuable consideration, the mutuality, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

 

1.             Revocation. The Amendment is hereby revoked with respect to the 2,000 unvested restricted stock units awarded to Executive under the 2014 Award Agreement, which will now vest on December 15, 2016, and the 408 unvested restricted stock units awarded to Executive under the 2015 Award Agreement, which will now vest on January 14, 2017.

 

2.             Ratification. Executive and the Company hereby ratify and reaffirm all of the terms, conditions and provisions of the Award Agreements and other documents related thereto, except as amended herein, and agree the same shall remain in full force and effect.

 

[Remainder of Page Left Blank; Signature Page Follows]

 

1











 

IN WITNESS WHEREOF, the parties have executed and delivered this Modification effective as of the date first above written.

 

	
YOUR COMMUNITY   BANKSHARES, INC.
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/ James D. Rickard
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Title:
    	
President and CEO
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
PAUL CHRISCO
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/ Paul Chrisco
    	
 
    	
 
    


 

2
EXHIBIT 10.4
 THIS SECURITY HAS NOT BEEN REGISTERED UNDER EITHER THE SECURITIES ACT OF 1933, AS AMENDED (THE
ACT), OR APPLICABLE BLUE SKY LAWS, AND IS SUBJECT TO CERTAIN INVESTMENT REPRESENTATIONS. THIS
SECURITY MAY NOT BE SOLD, OFFERED FOR SALE OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE
REGISTRATION UNDER THE ACT AND APPLICABLE BLUE SKY LAWS, OR AN OPINION OF COUNSEL SATISFACTORY TO
THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
 Warrant No.
 WARRANT TO PURCHASE CAPITAL STOCK
of
DIGITILITI, INC.
a Delaware corporation
 Void after January __, 2016
 Holder Company  Common Stock Purchase Price Subscription Form Warrants Purchase Agreement
 Exercise Date Exercise Period Issue Date Warrant Warrant Shares
 1. Exercise .




---



##### 



Board
 2. Payment of Taxes
 3. Certain Adjustments
 Adjustment for Reorganization, Consolidation, Merger
 Adjustments for Dividends in Common Stock
 Stock Split and Reverse Stock Split
  2




---



##### 



Accountants Certificate as to Adjustment
 Rights Under Warrant Agreement
 4. Notices of Record Date
 5. Cashless Exercise
  Y(A-B)
   3




---



##### 



Fair Market Value
  Wall Street Journal Wall Street Journal
  6. Put Right Acquisition provided however
 7. No Rights as Shareholder
 8. Compliance with Securities Act Exhibit A
  4




---



##### 



9. Loss or Mutilation
 10. Notices provided
 11. Change; Waiver
 12. Headings
 13. Governing Law
  5




---



##### 



IN WITNESS WHEREOF,
 COMPANY:DIGITILITI, INC.By:Name:Its:




---



##### 



EXHIBIT A
 SUBSCRIPTION FORM
  check one of the following
 (a) ________
    
    makes payment therefore in the amount of $_________; or(b) ________
    
    authorizes Digitiliti, Inc. to issue the shares in accordance with the
Cashless Exercise Provisions of Section 5 of the Warrant.
   (Signature of Registered Owner)(Street Address)(City), (State), (Zip)




---



##### 



FORM OF ASSIGNMENT
  Name of Assignee
    
    Address
    
    No. of Shares
   (Signature)(Print Name)(Witness)(Print Name)
No. 567, Misc.

#### Reeves *v.*Ragen, Warden.

Circuit Court of Iroquois County, Illinois.

Certiorari denied.
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: HERALD E. GIBBS 

CITATION: 17 Agric. Dec. 1197 

DOCKET NUMBER: 87 

DATE: DECEMBER 12, 1958 

DOCUMENT TYPE: ORDER DISMISSING COMPLAIN 

NOTE: ANOTHER VERSION OF THIS DOCUMENT THAT WAS NOT REPORTED IN THE AGRICULTURAL 

DECISIONS IS AVAILABLE IN THIS DATABASE 

(No. 5727) 

CEA Docket No. 87. Dismissed December 12, 1958, by Thomas J. Flavin, Judicial 

Officer. 

LOAD-DATE: June 16, 2008 
Page 2
EXHIBIT 32.1





SECTION 1350 CERTIFICATION








In connection with the Quarterly Report of Palmdale Executive Homes, Corp. (the "Company") on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Suzette M. Major, President/Chief Executive Offcer and Director 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, to 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: October 19, 2010By: /s/ SUZETTE M. MAJORSuzette M. MajorPresident/ Chief Executive Officer and Director
IV 

111TH CONGRESS 

2D SESSION H. RES. 1491 

Congratulating the University of South Carolina Gamecocks on winning the 

2010 NCAA Division I College World Series. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2010 

Mr. WILSON of South Carolina (for himself, Mr. INGLIS, Mr. CONAWAY, Ms. 

ROS-LEHTINEN, Mr. DUNCAN, Mr. CANTOR, Ms. FOXX, Mr. BROWN of 

South Carolina, Mr. BARRETT of South Carolina, Mr. SPRATT, Ms. 

BORDALLO, Mr. INSLEE, Mr. ROE of Tennessee, and Mr. WESTMORELAND) submitted the following resolution; which was referred to the Committee on Education and Labor 

RESOLUTION 

Congratulating the University of South Carolina Gamecocks 

on winning the 2010 NCAA Division I College World Series. 

Whereas, on June 29, 2010, the University of South Carolina 

Gamecocks won the 2010 NCAA Division I College 

World Series in Rosenblatt Stadium in Omaha, Nebraska; 

Whereas a base hit to right field drove in the final run for 

the University of South Carolina Gamecocks to win 2–1 

against the UCLA Bruins in the bottom of the 11th inning; 

Whereas the University of South Carolina Gamecocks showed 

great skill, patience, and will by withstanding a firstVerDate Mar 15 2010 02:32 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR1491.IH HR1491

tjames on DSKG8SOYB1PROD with BILLS
2 

•HRES 1491 IH 

round loss and then winning 6 consecutive games for the 

national title; 

Whereas the University of South Carolina Gamecocks won 

their first NCAA baseball title; and 

Whereas head coach Ray Tanner and the University of South 

Carolina Gamecocks bring great pride and honor to the 

fans and residents of South Carolina with this victory: 

Now, therefore, be it 

1 Resolved, That the House of Representatives con2 gratulates the University of South Carolina Gamecocks on 

3 the outstanding accomplishment of winning the 2010 

4 NCAA Division I College World Series. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
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 Annual Report of Medjet Inc. (the "Company") on Form
10-KSB for the year ended December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Teresa R. Mathias,
Vice President - Finance and Human Resources of the Company, certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act
of 2002, that to the best of 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 result of
              operations of the Company.


/s/ Teresa R. Mathias

Teresa R. Mathias
Vice President - Finance and Human Resource
March 31, 2003


















A signed original of this written statement required by Section 906 has been
provided to Medjet Inc. and will be retained by Medjet Inc. and furnished to the
Securities and Exchange Commission or its staff upon request
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-60118

Summary Calendar

 

YOUSEF MICHAEL AZIZEH,

Petitioner, 

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A72 454 034

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

November 4, 2002

Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Yousef Michael Azizeh petitions for review of the final

order of the Board of Immigration Appeals dismissing his appeal

from the Immigration Judge’s order denying his motion to reopen

deportation proceedings. Because Azizeh’s deportation

proceedings commenced prior the general effective date of the

Illegal Immigration Reform and Immigrant Responsibility Act, Pub.

L. No. 104-208, 110 Stat. 3009 (1996) (“IIRIRA”), and concluded

more than thirty days after its passage on September 30, 1996,
No. 02-60118

-2-

this case is governed by the “transitional rules” in IIRIRA

§ 309. See Lerma de Garcia v. INS, 141 F.3d 215, 216 (5th Cir.

1998). Because Azizeh has committed a criminal offense which

renders him inadmissible under § 212(a)(2) of the Immigration and

Nationality Act, this court does not have jurisdiction under

IIRIRA § 309(c)(4)(G). See id.; see also Lopez-Elias v. Reno,

209 F.3d 788, 293 & n.11 (5th Cir. 2000) (construing similar

provision in IIRIRA permanent rules). 

Azizeh contends that his right to due process was violated

because his counsel rendered ineffective assistance resulting in

entry of the deportation order in absentia. Although the court

has jurisdiction to consider constitutional claims in habeas, it

does not have jurisdiction to do so on direct review. See Lerma

de Garcia, 141 F.3d at 217; see also Requena-Rodriguez v.

Pasquarell, 190 F.3d 299, 305-06 (5th Cir. 1999) (habeas

jurisdiction retained). Because the court does not have

jurisdiction, the petition for review must be dismissed. 

PETITION FOR REVIEW DISMISSED.
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.                  

###### Small Business Administration

          - [License No. 02/02-5377]

                    Notice is hereby given that Elk Associates Funding Corporation, 747 Third Avenue, New York, New York 10017, a Federal Licensee under the                           ( print page 30973)                        Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under section 312 of the Act and section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) rules and regulations (13 CFR 107.730 (2000). Elk Associates Funding Corporation proposes to provide loans to Concorde Cab Corp. and Queens Star Cab Corp. The financings are contemplated for the purchase of taxicab medallions, New York City transfer taxes and taxicab vehicles.                

The financings are brought within the purview of sec. 107.730(a)(1) of the regulations because Meryl Sara and Lauren Abate, Associates of Elk Associates Funding Corporation, will own greater than 10 percent of Concorde Cab Corp. and Queens Star Cab Corp., and therefore, Concorde Cab Corp. and Queens Star Cab Corp. are considered Associates of Elk Associates Funding Corporation as defined in section 107.50 of the regulations.

Notice is hereby given that any interested person may submit written comments on the transaction to the Acting Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW, Washington, DC 20416.

Dated: May 29, 2001.

Harry Haskins,

Acting Associate Administrator for Investment.

[FR Doc. 01-14511 Filed 6-7-01; 8:45 am]

BILLING CODE 8025-01-P
<TABLE>
<CAPTION>
<S> <C> <C>

                                        EXHIBIT 21.1
                                 SUBSIDIARIES OF REGISTRANT



ENGlobal Corporate Services, Inc.                          Incorporated in the State of Texas

ENGlobal Engineering, Inc.                                 Incorporated in the  State of Texas

ENGlobal Systems, Inc.                                     Incorporated in the State of Texas

ENGlobal Construction Resources, Inc.                      Incorporated in the State of Texas

RPM Engineering, Inc. d/b/a ENGlobal Engineering, Inc.     Incorporated in the State of Louisiana

ENGlobal Automation Group, Inc.                            Incorporated in the State of Texas

ENGlobal Technical Services, Inc.                          Incorporated in the State of Texas

ENGlobal Canada, ULC                                       Incorporated in the Province of Alberta, Canada

ENGlobal Land, Inc. f/k/a WRC Corporation                  Incorporated in the State of Colorado

WRC Canada                                                 Incorporated in the Province of Alberta, Canada

ENGlobal ACE, LLC                                          A Texas Limited Liability company


</TABLE>
```

[Federal Register: April 22, 1999 (Volume 64, Number 77)]
[Notices]
[Page 19749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap99-31]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 2:00 p.m., Monday, May 3, 1999.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED:
    Adjudicatory Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-10260 Filed 4-20-99; 2:32 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN    TO INDEX ========**

----
cc: James Francis Meegan, II 

Attorney General/Carson City 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A
<PAGE>

                                                                      EXHIBIT 23


                    [LETTERHEAD OF MCGLADREY & PULLEN, LLP]

                      CONSENT OF INDEPENDENT ACCOUNTANTS


The Board of Directors
First Federal Bancorporation
Bemidji, Minnesota


We hereby consent to the incorporation by reference in this Form 10-KSB in the
previously filed Registration Statement of First Federal Bancorporation on Form
S-8 (No. 33-98242) of our report, dated October 29, 1999, relating to the
consolidated financial statements of First Federal Bancorporation and
subsidiaries.


                                                     /s/ McGladrey & Pullen, LLP
                                                         McGLADREY & PULLEN, LLP


Duluth, Minnesota
December 21, 1999
#### Tawfik Mutahar Abdulla KASIM, also known as Tawfik Mutahar A. Kassim, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

No. 09-60458

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

Thomas Perrill Adams, Law Office of Thomas P. Adams, New Orleans, LA, for Petitioner.

Lance Lomond Jolley, Trial Attorney, Ari Nazarov, Tangerlia Cox, Jennifer Pais-*442ner Williams, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM: *

Tawfik Mutahar Abdulla Kasim, a native and citizen of Yemen, seeks review of a decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the immigration judge’s (IJ) denial of his requests for immigration relief. Kasim contends that he was denied the effective assistance of counsel during his initial immigration hearing because his attorney-failed to develop his allegation of persecution by the Yemeni Government and effectively waived his claim for immigration relief on that basis. He also challenges as not supported by substantial evidence, the BIA’s determination that he was not entitled to asylum or withholding of removal based on his claim of government persecution.

This court lacks jurisdiction to directly consider Kasim’s claim of ineffective assistance of counsel because he did not properly raise the issue before the BIA. *See Wang v. Ashcroft,*260 F.3d 448, 452 (5th Cir.2001). Kasim has not shown that the BIA abused its discretion in declining to remand his case to the IJ for consideration of that claim. *See Goonsuwan v. Ashcroft,*252 F.3d 383, 384-91 (5th Cir.2001); *Ogbemudia v. INS,*988 F.2d 595, 599-600 (5th Cir.1993). Finally, the BIA’s determination that Kasim was not persecuted by the Yemeni Government is supported by substantial evidence. *See Tesfamichael v. Gonzales,*469 F.3d 109, 116 (5th Cir.2006); *Eduard v. Ashcroft,*379 F.3d 182, 188 (5th Cir.2004); *Abdel-Masieh v. INS,*73 F.3d 579, 584 (5th Cir.1996).

The petition for review is DENIED.

*

 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.