alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7820

WOOSTON OSBORNE,

Plaintiff - Appellant,

versus

DEPARTMENT OF CORRECTIONS; COMMONWEALTH OF

VIRGINIA,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge.

(CA-95-1066-R)

Submitted: January 18, 1996 Decided: February 8, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Wooston Osborne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Wooston Osborne appeals the dismissal without prejudice of his

pro se 42 U.S.C. § 1983 (1988) complaint. The district court dismissed Osborne's complaint for failure to state a cognizable § 1983

claim. This Court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291 (1988), and certain interlocutory and collateral

orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b). Because

Osborne may be able to save this action by amending his complaint

in compliance with the district court's order, the order which

Osborne seeks to appeal is not an appealable final order. See

Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064

(1993). We note that Osborne can save this action by amending his

complaint to include allegations against specific prison employees

or officials who acted under color of state law, or against private

individuals who were willful participants in a joint action with a

State or agent of a State. See West v. Atkins, 487 U.S. 42, 48-50

(1988); Dennis v. Sparks, 449 U.S. 24, 27-28 (1980).

Accordingly, we dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the Court and argument would not

aid the decisional process.

DISMISSED
[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30970-30971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10830]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID Investigator Initiated 
Program Project Applications (P01 Clinical Trial Not Allowed).
    Date: June 15, 2022.
    Time: 2:00 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3F52, 
Rockville, MD 20892 (Virtual Meeting).
    Contact Person: Margaret A. Morris Fears, Ph.D., Scientific 
Review Officer, Scientific Review Program, Division of Extramural 
Activities, National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3F52, 
Rockville, MD 20852, (301) 761-5444, <a href="/cdn-cgi/l/email-protection#325f5355555b571c5f5d40405b415457534041725c5b5a1c555d44"><span class="__cf_email__" data-cfemail="0e636f6969676b2063617c7c677d686b6f7c7d4e60676620696178">[email protected]</span></a>.


[[Page 30971]]


(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: May 16, 2022.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-10830 Filed 5-19-22; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 02/21/12          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       48,541
COMMITMENTS
   1,539    3,004        0   42,758   43,180   44,297   46,184    4,244    2,357

CHANGES FROM 02/14/12 (CHANGE IN OPEN INTEREST:      2,090)
      -2    1,149        0    2,514      684    2,512    1,833     -422      257

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     3.2      6.2      0.0     88.1     89.0     91.3     95.1      8.7      4.9

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       57)
       2        4        0       31       31       33       35
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 02/21/12          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       80,985
COMMITMENTS
  14,492   19,115      223   56,129   58,763   70,844   78,101   10,141    2,884

CHANGES FROM 02/14/12 (CHANGE IN OPEN INTEREST:      1,487)
     550      472        0      587    1,619    1,137    2,091      350     -604

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    17.9     23.6      0.3     69.3     72.6     87.5     96.4     12.5      3.6

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       91)
      21        7        1       44       32       65       40
```

----

Updated February 24, 2012
Rocky RIOJAS-ORDAZ, Petitioner v. UNITED STATES.

No. 18-9616

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

HERSHEL R. OBEY §

VS. § CIVIL ACTION NO. 1:23cv186

T. WOLFE, ET AL. §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Hershel R. Obey, proceeding pro se, filed this civil rights lawsuit. This matter was

referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636 and the Amended Order

for the Adoption of Local Rules for the Assignment of Duties to the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

 Procedural Background

On January 4, 2024, the court entered an order directing plaintiff to pay an initial partial

filing fee. Plaintiff was given 30 days to comply with the court’s order. The time for complying with

the order has expired. However, plaintiff has not paid the initial partial filing fee, shown good cause

for failing to do so or otherwise contacted the court. 

Discussion

Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for

failure to prosecute or for failure to comply with any court order. Larson v. Scott, 157 F.3d 1030,

1031 (5th Cir. 1998). “This authority [under Rule 41(b)] flows from the court's inherent power to

control its docket and prevent undue delays in the disposition of pending cases.” Boudwin v.

Graystone Insurance Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co.,

370 U.S. 626, 629 (1962)).

By failing to comply with the order described above, plaintiff has failed to diligently

prosecute this case. As a result, this case should be dismissed for want of prosecution.

Case 1:23-cv-00186-MJT-ZJH Document 4 Filed 02/12/24 Page 1 of 2 PageID #: 19
Recommendation

This civil rights lawsuit should be dismissed without prejudice for want of prosecution

pursuant to Federal Rule of Civil Procedure 41(b).

Objections

Objections must be (1) specific, (2) in writing, and (3) served and filed within 14 days after

being served with a copy of this report. 28 U.S.C. § 636(b)(1); FED.R.CIV. P. 6(a), 6(b) and 72(b).

A party’s failure to object bars that party from (1) entitlement to de novo review by a district

judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th

Cir. 1988), and (2) appellate review, except on grounds of plain error, of unobjected-to factual

findings and legal conclusions accepted by the district court, Douglass v. United Serv. Auto. Ass’n.,

79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

2

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 12th day of February, 2024.

Case 1:23-cv-00186-MJT-ZJH Document 4 Filed 02/12/24 Page 2 of 2 PageID #: 20
IIB

106TH CONGRESS

2D SESSION H. R. 2296

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13, 2000

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To amend the Revised Organic Act of the Virgin Islands

to provide that the number of members on the legislature

of the Virgin Islands and the number of such members

constituting a quorum shall be determined by the laws

of the Virgin Islands, and for other purposes.
2

HR 2296 RFS

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

3 SECTION 1. SIZE OF LEGISLATURE.

4 Section 5(b) of the Revised Organic Act of the Virgin

5 Islands (48 U.S.C. 1571(b)) is amended—

6 (1) by striking ‘‘fifteen’’; and

7 (2) by inserting after the first sentence the fol8 lowing: ‘‘The number of such senators shall be de9 termined by the laws of the Virgin Islands.’’.

10 SEC. 2. NUMBER CONSTITUTING QUORUM.

11 The first sentence of section 9(a) of the Revised Or12 ganic Act of the Virgin Islands (48 U.S.C. 1575(a)) is

13 amended to read as follows: ‘‘The number of members of

14 the legislature needed to constitute a quorum shall be de15 termined by the laws of the Virgin Islands.’’.

Passed the House of Representatives September 12,

2000.

Attest: JEFF TRANDAHL,

Clerk.
1

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

MARICEL FORTEZA, 

Plaintiff,

v.

PELICAN INVESTMENT HOLDINGS

GROUP, LLC DBA AAP AND AUTO

SERVICE DEPARTMENT, US DEALER

SERVICES, INC. DBA US AUTO,

PALMER ADMINISTRATIVE

SERVICES, INC., SING FOR SERVICE, 

LLC DBA MEPCO

Defendants.

Case No. 4:23-CV-00401-ALM-KPJ

JURY TRIAL DEMANDED

NOTICE OF PARTIAL SETTLEMENT

The Plaintiff, Maricel Forteza, by and through the undersigned counsel, wishes to notify 

the Court that she has reached an agreement in principle to resolve her claims against the 

following Defendants in this litigation. As a result of this settlement, Defendant US Dealer

Services, Inc. d/b/a US Auto is the only remaining Defendant, who remains in default. The 

Plaintiff intends to seek entry of default and move for a default judgment against this Defendant.

The agreement in principle extends to the Plaintiff’s claims against the following

Defendants:

• Pelican Investment Holdings Group, LLC D/B/A AAP;

• Auto Service Department;

• Palmer Administrative Services, Inc.; and

• Sing For Service, LLC D/B/A MEPCO

The settlement should be finalized within sixty (60) days, at which point the 

aforementioned Defendants and Plaintiff will stipulate to dismiss the suit with prejudice. 

Case 4:23-cv-00401-ALM-KPJ Document 50 Filed 06/03/24 Page 1 of 2 PageID #: 289
2

Dated: June 3, 2024

/s/ Andrew Roman Perrong

Andrew Roman Perrong (E.D. Tex. # 333687)

Perrong Law LLC 

2657 Mount Carmel Avenue

Glenside, Pennsylvania 19038

Phone: 215-225-5529 (CALL-LAW) 

Facsimile: 888-329-0305

a@perronglaw.com

CERTIFICATE OF SERVICE

Counsel for Plaintiff certifies that on June 3, 2024, he filed the foregoing on the Court’s 

CM/ECF system, which will send electronic notification to all counsel of record. 

Dated: June 3, 2024

/s/ Andrew Roman Perrong

Andrew Roman Perrong (E.D. Tex. # 333687)

Perrong Law LLC 

2657 Mount Carmel Avenue

Glenside, Pennsylvania 19038

Phone: 215-225-5529 (CALL-LAW) 

Facsimile: 888-329-0305

a@perronglaw.com

Case 4:23-cv-00401-ALM-KPJ Document 50 Filed 06/03/24 Page 2 of 2 PageID #: 290
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS 

DAVID B. BYRD, §

§

Plaintiff, §

§

versus § CIVIL ACTION NO. 9:23-CV-158

§

DARRON A. LANE, JR., et al., §

§

Defendants. §

ORDER ADOPTING THE MAGISTRATE

JUDGE’S REPORT AND RECOMMENDATION

Plaintiff David B. Byrd, a prisoner confined at the Wainwright Unit of the Texas

Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this

civil rights action pursuant to 42 U.S.C. § 1983.

The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate

Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. 

On January 5, 2024, the magistrate judge recommended dismissing the action without prejudice

for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). To date, the parties

have not filed objections to the report.

The court received and considered the Report and Recommendation of United States

Magistrate Judge pursuant to such referral, along with the record, pleadings and all available

evidence. After careful review, the court finds that the findings of fact and conclusions of law of

the United States Magistrate Judge are correct. 

Accordingly, the findings of fact and conclusions of law of the magistrate judge are

correct, and the Report and Recommendation of United States Magistrate Judge (#16) is

Case 9:23-cv-00158-MAC-ZJH Document 17 Filed 02/12/24 Page 1 of 2 PageID #: 26
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate

judge’s recommendation. 

2

Case 9:23-cv-00158-MAC-ZJH Document 17 Filed 02/12/24 Page 2 of 2 PageID #: 27
Heather BAKER, as Personal Representative of the Estate of Kyle Baker, Deceased, Petitioner, v. CITY OF TRENTON, MICHIGAN, et al.

No. 19-694

Supreme Court of the United States.

Feb. 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ALBERTO MONTELONGO,

 Appellant,

v.

THE STATE OF TEXAS,

 

 State.

 

§

§

§

 

§

§

§ 

 

§

'

'

No. 08-16-00001-CR

Appeal from the

243rd District Court

of El Paso County, Texas 

(TC# 20150D02224)

 O R D E R

The Court GRANTS the Appellant’s fourth motion for extension of time to file the brief 

until August 21, 2016. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE 

APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Ruben P. Morales, the Appellant’s Attorney, prepare 

the Appellant’s brief and forward the same to this Court on or before August 21, 2016.

IT IS SO ORDERED this 22nd day of July, 2016.

PER CURIAM

Before McClure, C.J., Rodriguez, and Hughes, JJ.
Thompson Christopher Kyle MANDRELL, petitioner, v. UNITED STATES.

No. 18-6111.

Supreme Court of the United States

Oct. 29, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
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 Trimeris, Inc. (the Company) for the quarterly period ended September 30, 2010 as filed with Securities and Exchange Commission on
the date hereof (the Report), I, Martin A. Mattingly, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.



|                                           
|-------------------------------------------
|/S/    MARTIN A. MATTINGLY                 
|Martin A. Mattingly
Chief Executive Officer

November 15, 2010

The foregoing certification is being furnished solely
pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

A signed
original of this written statement required by § 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.
<PAGE>   1






                                                                    EXHIBIT 23.1


                          INDEPENDENT AUDITORS' CONSENT




The Board of Directors
Nucentrix Broadband Networks, Inc.:

We consent to incorporation by reference in the registration statements on Form
S-8 (Nos. 333-79913 and 333-47550) and S-3 (No. 333-80929) of Nucentrix
Broadband Networks, Inc. of our report dated February 23, 2001, relating to the
consolidated balance sheets of Nucentrix Broadband Networks, Inc. and
subsidiaries as of December 31, 2000 and 1999, and the related consolidated
statements of operations, stockholders' equity and cash flows for the year ended
December 31, 2000 and for the periods from January 1, 1999 to April 1, 1999, the
effective date of the reorganization discussed in the paragraph below (the
"Effective Date"), and from the Effective Date to December 31, 1999, and for the
year ended December 31, 1998, and the related financial statement schedule,
which report appears in the December 31, 2000 annual report on Form 10-K of
Nucentrix Broadband Networks, Inc.

Our report states that upon consummation of a prenegotiated Plan of
Reorganization under Chapter 11 of the United States Bankruptcy Code on the
Effective Date, the Company adopted fresh start reporting in accordance with
American Institute of Certified Public Accountants Statement of Position 90-7,
Financial Reporting by Entities in Reorganization Under the Bankruptcy Code. As
a result of the application of fresh start reporting, the consolidated financial
statements of Nucentrix Broadband Networks, Inc. and subsidiaries for the period
from the Effective Date to December 31, 1999 are presented on a different cost
basis than those for periods prior to the Effective Date, and accordingly, are
not directly comparable.


                                                             KPMG LLP

Dallas, Texas
March 30, 2001
SWC, LLC, et al., petitioners, v. David A. HERR, et al.

No. 17-1398.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
- 1 - 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

LIONRA TECHNOLOGIES LTD. § 

 § CASE NO. 2:23-cv-00214-JRG 

v. § (Lead Case) 

 § 

PALO ALTO NETWORKS, INC. § 

 

LIONRA TECHNOLOGIES LTD. § 

 § 

v. § CASE NO. 2:23-cv-00206-JRG 

 § (Member Case) 

FORTINET, INC. § 

LIONRA TECHNOLOGIES LTD. § 

 § 

v. § CASE NO. 2:23-cv-00207-JRG 

 § (Member Case) 

CISCO SYSTEMS, INC. § 

ORDER 

The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all 

pretrial issues with the LEAD CASE, Case No. 2:23-cv-00214. All parties are instructed to file 

any future filings in the LEAD CASE. Individual cases remain active for trial. 

The Clerk is instructed to add the consolidated Defendants into the Lead Case and their 

corresponding Lead and Local Counsel only. Additional counsel may file a Notice of Appearance 

in the Lead Case if they wish to continue as counsel of record in the lead consolidated action. 

Counsel who has appeared pro hac vice in any member case may file a Notice of Appearance in 

the Lead Case without filing an additional application to appear pro hac vice in the Lead Case. 

Counsel who have not appeared in a member case at the point when it is consolidated into the Lead 

Case should file a Notice of Appearance only in the Lead Case, and such Notice should state the 

relevant member case. 

Case 2:23-cv-00207-JRG Document 11 Filed 06/14/23 Page 1 of 2 PageID #: 346
- 2 - 

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 13th day of June, 2023.

Case 2:23-cv-00207-JRG Document 11 Filed 06/14/23 Page 2 of 2 PageID #: 347
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                         10,445,206
<SECURITIES>                                   0
<RECEIVABLES>                                  73,145,819
<ALLOWANCES>                                   (12,106,415)
<INVENTORY>                                    0
<CURRENT-ASSETS>                               80,454,088
<PP&E>                                         107,395,343
<DEPRECIATION>                                 (15,949,897)
<TOTAL-ASSETS>                                 365,358,617
<CURRENT-LIABILITIES>                          99,676,018
<BONDS>                                        114,141,871
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       225,973
<OTHER-SE>                                     135,283,738
<TOTAL-LIABILITY-AND-EQUITY>                   365,358,617
<SALES>                                        52,484,937
<TOTAL-REVENUES>                               52,484,937
<CGS>                                          0
<TOTAL-COSTS>                                  42,928,923
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               1,513,265
<INTEREST-EXPENSE>                             3,872,768
<INCOME-PRETAX>                                5,433,873
<INCOME-TAX>                                   2,276,627
<INCOME-CONTINUING>                            2,033,762
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,033,762
<EPS-PRIMARY>                                  0.09
<EPS-DILUTED>                                  0.08
        


</TABLE>