alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 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that this opinion should not be published and is not precedent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. 97-40291

Summary Calendar

 

MICHAEL WAYNE FIELDS,

Plaintiff-Appellant,

versus

BETRECIA L. DAVIS, CO to Michael Unit; 

WILLIAM R. WATTS, Captain at Michael Unit;

GREGORY HAYNES, Sergeant at Michael Unit,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:96-CV-952

- - - - - - - - - -

October 19, 1998

Before DAVIS, DUHÉ, and PARKER, Circuit Judges.

PER CURIAM:1

Michael Wayne Fields, Texas prisoner #645761, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 complaint as

frivolous. He argues that a false disciplinary report was filed

against him, that one of the officers instructed that the false

report be filed in retaliation of Fields’s numerous lawsuits

against prison officials, and that another prison official based

his determination that Fields should be disciplined on no evidence.

Fields has filed numerous lawsuits which have been dismissed
as frivolous, for which Fields has either exhausted or waived his

appeal. See Fields v. Adams, No. 97-41108 (5th Cir. Feb. 5,

1998)(unpublished)(dismissal of appeal from district court’s

dismissal of complaint as frivolous); Fields v. Johnson, No. 97-

40822 (5th Cir. Nov. 13, 1997) (unpublished)(dismissal of appeal

from district court’s dismissal of complaint as frivolous); Fields

v. Collins, No. 96-40752 (5th Cir. Dec. 3,

1996)(unpublished)(dismissal of appeal from district court’s

dismissal of complaint as frivolous); see also Fields v. Johnson,

No. 6:97-CV-336 (E.D. Tex. June 2, 1997)(unpublished) (dismissal of

complaint as frivolous).

Fields is barred from filing any pleadings in forma pauperis.

See 28 U.S.C. § 1915(g); Adepedba v. Hammons, 103 F.3d 383, 387

(5th Cir. 1996). Fields has not made any showing that he was in

imminent danger of serious physical injury. See

§ 1915(g); Banos v. O’Guin, 144 F.3d 883, 884-85 (5th Cir. 1998).

His appeal is DISMISSED. Fields may reinstate this appeal if he

pays the filing fee of $105 to the clerk of the district court

within 30 days of the date of this opinion.
Clayvin HERRERA, petitioner, v. WYOMING.

No. 17-532.

Supreme Court of the United States

Dec. 3, 2018.

Motion of the Solicitor General for leave to participate in oral argument as *amicus curiae* and for divided argument granted.
Ralph Raul CONTRERAS, petitioner, v. Hunter ANGLEA, Warden.

No. 18-5619.

Supreme Court of the United States

Oct. 15, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-50470 Summary Calendar

EDWARD DESHAN SMITH Plaintiff - Appellant v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Correctional Institution; T. LESTER, Warden; SERGEANT TURNER; SERGEANT DAVIS; OFFICER KNIGHTEN, Defendants - Appellees

Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CV-128
Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM: * Edward Deshan Smith appeals the district court’s dismissal of his complaint, with prejudice, as time-barred. In his c o m p l a i n t, filed on February 16, 2 0 1 1 , S m ith alleged that on May 21, 2004, and on December 22, 2005, while he was incarcerated, prison officials used ex c e s s iv e force against him. The magistrate judge construed Smith’s complaint as one alleging a cause U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Octob er 3, 20 11 Lyle W . Cayce Clerk U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Octob er 3, 20 11 Lyle W . Cayce Clerk

Pursua nt to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion s houldnot * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-50470 Document: 00511620134 Page: 1 Date Filed: 10/03/2011No. 11-50470

o f a ction under 42 U.S.C. § 1983, and recommended that it be dismiss e d f o r failure to state a c l a i m u pon which relief could be granted because Smith’s

c l aims are barred by the statute of limitations. See Owens v. Okure , 488 U. S

. 235, 249–50 (1989) (“where state law provides multiple statutes of limitations for personal injury actions, courts considering § 1983 claims should borrow the general or residual statute for personal injury actions”); Moore v. McDonald , 30 F.3d 616, 620 (5th Cir. 1994) (“Texas’ general personal injury limitations period is two years.”) (citing T E X
. C IV
. P RA C
. & R E M
. C O D E AN N
. § 1 6

. 0 0 3 ( a) )

. The district court overruled Smith’s objections to the magistrate judge’s report and accepted the magistrate judge’s recommendation to dismiss the complaint with prejudice as time-barred. In his pro se brief, which we construe liberally, Smith seems to contend that a four- or five-year statute of limitations should apply to his claims. Even i f w e accepted this contention, it would not help Smith, because he filed h i s complaint more than five years after the complained-of conduct. The judgment o f the district court is AFFIRMED. Smith’s motion for appointment of counsel is DENIED. AFFIRMED; MOTION DENIED.

2 Case: 11-50470 Document: 00511620134 Page: 2 Date Filed: 10/03/2011
Matthew Desmond BROWNE, petitioner, v. UNITED STATES.

No. 18-5667.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
<TABLE> <S> <C>

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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          33,970
<INT-BEARING-DEPOSITS>                           9,735
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,947,049
<INVESTMENTS-CARRYING>                          22,223
<INVESTMENTS-MARKET>                            20,188
<LOANS>                                      3,675,592
<ALLOWANCE>                                     33,881
<TOTAL-ASSETS>                               5,930,784
<DEPOSITS>                                   3,730,503
<SHORT-TERM>                                   488,056
<LIABILITIES-OTHER>                            152,450
<LONG-TERM>                                  1,013,400
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           268
<OTHER-SE>                                     546,107
<TOTAL-LIABILITIES-AND-EQUITY>               5,930,784
<INTEREST-LOAN>                                266,264
<INTEREST-INVEST>                              132,785
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                               399,049
<INTEREST-DEPOSIT>                             159,807
<INTEREST-EXPENSE>                             239,488
<INTEREST-INCOME-NET>                          159,561
<LOAN-LOSSES>                                    6,000
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</TABLE>
Exhibit 23.1

 

Consent of Independent Registered Public Accounting Firm

 

We consent to the incorporation by reference in the registration statements of TurboChef Technologies, Inc. listed below of our reports dated September 20, 2007, with respect to the consolidated financial statements and schedule of TurboChef Technologies, Inc. and the effectiveness of internal control over financial reporting of TurboChef Technologies, Inc., included in this Annual Report (Form 10-K) for the year ended December 31, 2006:

 

| (1) | Registration Statement (Form S-3 No. 333-82518) of TurboChef Technologies, Inc., |
|-----|----------------------------------------------------------------------------------|

| (2) | Registration Statement (Form S-3 No. 333-117806) of TurboChef Technologies, Inc., |
|-----|-----------------------------------------------------------------------------------|

| (3) | Registration Statement (Form S-3 No. 333-121818) of TurboChef Technologies, Inc., |
|-----|-----------------------------------------------------------------------------------|

| (4) | Registration Statement (Form S-8 No. 333-76662) pertaining to the 1994 Stock Option Plan, |
|-----|-------------------------------------------------------------------------------------------|

| (5) | Registration Statement (Form S-8 No. 333-81571) pertaining to the 1994 Stock Option Plan, |
|-----|-------------------------------------------------------------------------------------------|

| (6) | Registration Statement (Form S-8 No. 333-116225) pertaining to TurboChef Technologies, Inc. 2003 Stock Incentive Plan, and |
|-----|----------------------------------------------------------------------------------------------------------------------------|

| (7) | Registration Statement (Form S-8 No. 333-128442) pertaining to TurboChef Technologies, Inc. 2003 Stock Incentive Plan |
|-----|-----------------------------------------------------------------------------------------------------------------------|

 

/s/ Ernst & Young LLP

 

Atlanta, Georgia

September 20, 2007

----
<PAGE>

                                                                     EXHIBIT 32

                                  CERTIFICATION

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.ss.
1350, as adopted), Linda H. Masterson, ChieF Executive Officer of LifePoint,
Inc. (the "Company"), and Craig S. Montesanti, Chief Accounting Officer of the
Company, each hereby certify that, to the best of their knowledge:

1.       The Company's Quarterly Report on Form 10-Q for the period ended
         September 30, 2004, to which this Certification is attached as Exhibit
         32 (the "PERIODIC REPORT") fully complies with the requirements of
         section 13(a) or section 15(d), as applicable, of the Securities
         Exchange Act of 1934, as amended; and

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

         IN WITNESS WHEREOF, the undersigned have set their hands hereto as of
the 15th, day of November, 2004.

                                         /s/ Linda H. Masterson
                                         --------------------------------------
                                         Linda H. Masterson
                                         President and Chief Executive Officer

                                         /s/ Craig S. Montesanti
                                         --------------------------------------
                                         Craig S. Montesanti
                                         Chief Accounting Officer


The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. ss. 1350, and is not beinG filed for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.
Exhibit






Execution Version


CONSENT OF GRANTOR


Dated: January 22, 2018


Reference is made to the First Lien/First Lien Intercreditor Agreement, dated as of May 2, 2016, among Barclays Bank PLC (as successor in interest to Credit Suisse AG, Cayman Islands Branch), as Collateral Agent, Barclays Bank PLC, as Authorized Representative under the Credit Agreement, and Wells Fargo Bank, National Association, as Initial Other Authorized Representative (as the same may be amended, restated, supplemented, waived, or otherwise modified from time to time, the “Intercreditor Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Intercreditor Agreement.


The Grantor listed on Annex 1 hereto has read the foregoing Intercreditor Agreement and consents thereto. The Grantor agrees that it will not take any action that would be contrary to the express provisions of the foregoing Intercreditor Agreement, agrees to abide by the requirements expressly applicable to it under the foregoing Intercreditor Agreement and agrees that, except as otherwise provided therein, no First-Priority Secured Party shall have any liability to the Grantor for acting in accordance with the provisions of the foregoing Intercreditor Agreement. The Grantor confirms that the foregoing Intercreditor Agreement is for the sole benefit of the First-Priority Secured Parties and their respective successors and assigns, and that the Grantor is not an intended beneficiary or third party beneficiary thereof except to the extent otherwise expressly provided therein.


The Grantor agrees to take such further action and to execute and deliver such additional documents and instruments (in recordable form, if requested) as the Collateral Agent may reasonably request to effectuate the terms of and the lien priorities contemplated by the Intercreditor Agreement.


This Consent of Grantor shall be governed and construed in accordance with the laws of the State of New York. Notices delivered to the Grantor pursuant to this Consent of Grantor shall be delivered in accordance with the notice provisions set forth in the Intercreditor Agreement.


[Remainder of this page intentionally left blank]












Annex I (Supplement No. 2)


	
		
	Pledgor
	Jurisdiction of Organization

	ADT CANADA SECURITY HOLDINGS LLC
	Delaware








































































































A-1










IN WITNESS HEREOF, this Consent of Grantor is hereby executed by the Grantor as of the date first written above.


	
						
	 
	 
	 
	ADT CANADA SECURITY DATASHIELD, LLC

	 
	 
	 
	 
	 
	 

	 
	 
	 
	 
	 
	 

	 
	 
	 
	By:
	  /s/ P. Gray Finney
	 

	 
	 
	 
	 
	Name:  P. Gray Finney

	 
	 
	 
	 
	Title: Senior Vice President, Chief Legal Officer and Secretary
	 
























































































[Signature Page to Consent of Grantor]
```

[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30519-30520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10728]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-064, OMB Control No. 3235-0067]

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

Extension:
    Form S-11

[[Page 30520]]

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget for extension and approval.
    Form S-11 (17 CFR 239.18) is the registration statement form used 
to register securities issued in real estate investment trusts by 
issuers whose business is primarily that of acquiring and holding 
investment interest in real estate under the Securities Act of 1933 (15 
U.S.C. 77a et seq.). The information filed with the Commission permits 
verifications of compliance with securities law requirements and 
assures public availability. We estimate that Form S-11 takes 
approximately 730.08 hours per response and is filed by approximately 
67 issuers annually. In addition, we estimate that 25% of the 730.08 
hours per response (182.52 hours) is prepared by the issuer for annual 
reporting burden of 12,229 hours (182.52 hours per response x 67 
responses)
    Written comments are invited on: (a) Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden imposed by the collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology. Consideration will 
be given to comments and suggestions submitted in writing within 60 
days of this publication by July 18, 2022.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o John 
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to: 
[email protected].

    Dated: May 13, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-10728 Filed 5-18-22; 8:45 am]
BILLING CODE 8011-01-P
```
Jorge MALDONADO, petitioner, v. UNITED STATES.

No. 17-8946.

Supreme Court of the United States

Aug. 24, 2018.

Petition for rehearing denied.
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.                  

###### Farm Credit Administration

      ( print page 25637)    

# TIME AND DATE: 

9 a.m., Thursday, May 12, 2022.

# PLACE: 

                        You may observe the open portions of this meeting in person at 1501 Farm Credit Drive, McLean, Virginia 22102-5090, or virtually. If you would like to observe, at least 24 hours in advance, visit                         *FCA.gov*, select “Newsroom,” then select “Events.” From there, access the linked “Instructions for board meeting visitors” and complete the described registration process.                    

# STATUS: 

Parts of this meeting will be open to the public. The rest of the meeting will be closed to the public.

# MATTERS TO BE CONSIDERED: 

The following matters will be considered:

## Portions Open to the Public

    - Approval of April 14, 2022, Minutes
    - Farm Credit System Building Association Auditor's Report on 2021 Financial Audit
    - Young, Beginning, and Small Farmers and Ranchers Proposed Rule

## Portions Closed to the Public

    - Executive Session with Farm Credit System Building Association Auditor

# CONTACT PERSON FOR MORE INFORMATION: 

If you need more information or assistance for accessibility reasons, or have questions, contact Ashley Waldron, Secretary to the Board. Telephone: 703-883-4009. TTY: 703-883-4056.

Ashley Waldron,

Secretary to the Board.

[FR Doc. 2022-09498 Filed 4-28-22; 4:15 pm]

BILLING CODE 6705-01-P
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00474-CR

Maria Angeles Valentin

v.

The State of Texas

§

§

§

§

§

From the 89th District Court

of Wichita County (54,418-C)

September 10, 2015

Opinion by Justice Meier

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bill Meier 

 Justice Bill Meier
Ex. 32.2 Certification of the Chief Financial Officer of MetaSolv, Inc. pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



CFO Certification



I, Glenn A. Etherington, Chief Financial
Officer of MetaSolv, Inc. (the Company), hereby certify that the accompanying report on Form 10-K for the year ending December 31, 2004, dated as of March 30, 2005 and filed with the Securities and Exchange Commission on the date hereof
pursuant to Section 13(a) of the Securities Exchange Act of 1934 (the Report) by the Company fully complies with the requirements of that section.



I further certify that the information contained in the Report fairly presents, in all material aspects, the financial condition and results of operations of the
Company.



|                            |  | 
|--------------------------- |  | 
|/s/ Glenn A. Etherington    |  | 
|Name: Glenn A. Etherington, |  | 
|Chief Financial Officer     |  | 
|March 30, 2005              |  |
Brian Edward MALNES, petitioner, v. CITY OF FLAGSTAFF, ARIZONA, et al.

No. 18M7.

Supreme Court of the United States

Oct. 1, 2018.

Motion for leave to proceed as a veteran denied.
Rory Allen MEEKS, petitioner, v. UNITED STATES.

No. 18-5748.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.