alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS 

BRIAN HUTCHINS, §

§

Plaintiff, §

§

versus § CIVIL ACTION NO. 9:23-CV-168

§

TEXAS BD. PARDONS & PAROLES, §

§

Defendant. §

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND

ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff Brian Hutchins, a prisoner confined at the Polunsky Unit of the Texas Department

of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se and in

forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the Texas Board

of Pardons and Paroles. 

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. 

The magistrate judge has submitted a Report and Recommendation of United States Magistrate

Judge. The magistrate judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e)

as frivolous and for failure to state a claim.

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

Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed

objections to the magistrate judge’s Report and Recommendation. 

The court has conducted a de novo review of the objections in relation to the pleadings and

the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes

Case 9:23-cv-00168-MAC-ZJH Document 10 Filed 06/28/24 Page 1 of 2 PageID #: 46
the objections are without merit. Texas prisoners do not have a right to parole that is protected by

the United States Constitution or federal law. Swarthout v. Cooke, 562 U.S. 216, 219 (2011); 

Johnson v. Rodriguez, 110 F.3d 299, 308 (5th Cir. 1997). Because Plaintiff does not have a liberty

interest in parole, he cannot challenge the constitutionality of state parole procedures. Wansley v.

Mississippi Dep’t of Corr., 769 F.3d 309, 312-13 (5th Cir. 2014).

ORDER 

Accordingly, Plaintiff’s objections (#9) are OVERRULED. The findings of fact and

conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#7)

is ADOPTED. A final judgment will be entered in accordance with this order.

2

________________________________________

MARCIA A. CRONE

UNITED STATES DISTRICT JUDGE SIGNED at Beaumont, Texas, this 28th day of June, 2024.

Case 9:23-cv-00168-MAC-ZJH Document 10 Filed 06/28/24 Page 2 of 2 PageID #: 47
Lonnie Lee OWENS, Petitioner, v. Mike PARRIS, Warden.

No. 19-824

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.
Dennis RYDBOM, Petitioner, v. Lisa BOGGS, et al.

No. 18-9068

Supreme Court of the United States.

October 7, 2019

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

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1304

JESSIE YOUNG,

Plaintiff - Appellant,

v.

JOHN DOE HILL; JOHN DOE BREEN, Sergeant; JOHN DOE RODRIGUEZ,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Claude M. Hilton, Senior District Judge. (1:16-cv-01304-CMH-JFA)

Submitted: August 20, 2020 Decided: August 24, 2020

Before GREGORY, Chief Judge, WYNN, and QUATTLEBAUM, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jessie Young, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jessie Young appeals the district court’s order dismissing his civil action without 

prejudice for failure to comply with the court’s previous order directing him to indicate 

whether he intended to prosecute his claims within 10 days of the court’s order.∗ See Fed. 

R. Civ. P. 41(b). On appeal, we confine our review to the issues raised in Young’s informal 

brief. See 4th Cir. R. 34(b). Because the informal brief does not challenge the basis for 

the district court’s disposition, Young has forfeited appellate review of the court’s order. 

See Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an 

important document; under Fourth Circuit rules, our review is limited to issues preserved 

in that brief.”). Accordingly, we affirm the district court’s order. Young v. Hill, No. 1:16-

cv-1304-CFM-JFA (E.D. Va. March 2, 2020). We dispense with oral argument because 

the facts and legal contentions are adequately presented in the materials before this court 

and argument would not aid the decisional process.

AFFIRMED

∗ Because the district court dismissed Young’s action “for procedural reasons 

unrelated to the contents of the pleadings,” and he could not cure the defect by amendment, 

we have jurisdiction over this appeal. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 

619, 624 (4th Cir. 2015); see GO Computer, Inc. v. Microsoft Corp., 508 F.3d 170, 176 

(4th Cir. 2007); see also Bing v. Brivo Sys., LLC, 959 F.3d 605, 610 (4th Cir. 2020).
# C_2017384EN.01000101.xml

| 14.11.2017 | EN | Official Journal of the European Union | C 384/1 |
| --- | --- | --- | --- |

14.11.2017

EN

Official Journal of the European Union

C 384/1

---

AGENCY FOR THE COOPERATION OF ENERGY REGULATORS

Publication of the final accounts for the financial year 2016

(2017/C 384/01)

The complete version of the final accounts may be found at the following address:

http://www.acer.europa.eu/The_agency/Organisation/Administrative_Board/Pages/Opinions.aspx

---
EXHIBIT 10.25

                                      FIRST
                              RENEWAL AND EXTENSION
                                       OF
                                  INTEREST ONLY
                           NONRECOURSE PROMISSORY NOTE
                             AND SECURITY AGREEMENT

Original  Amount:  $400,000.00                       Renewal and Extension Date:
                                                     February  23,  2004
                                                     -------------------

     FOR VALUE RECEIVED, H.E.R.C. Products Incorporated, a Delaware corporation,
("Maker" or "Debtor") promises to pay to R. John Armstrong ("Holder" or "Secured
Party"),  or  order,  the  principal  sum  of  Four  Hundred  Thousand  Dollars
($400,000.00)  with  interest  from  the  date  of  the  original  Interest Only
Nonrecourse  Promissory  Note  and Security Agreement dated February 23, 2003 on
unpaid principal owing from time to time at the rate of eight percent (8.0%) per
annum  until fully paid pursuant to this First Renewal and Extension of Interest
Only  Nonrecourse  Promissory  Note  and  Security Agreement.   Maker shall make
interest  only  payments  on  the  first  day of each month from the date of the
original  Note dated February 23, 2003 until the date one (1) year from the date
of the original Note, as first extended and renewed hereunder ("Maturity Date").
Principal  plus  all  accrued and unpaid interest on such principal shall be due
and  payable  on  the  Maturity  Date.

     This  note  is delivered and accepted not in payment but for the purpose of
and  in  consideration  of  the  extension  of  time  of payment of the original
Interest  Only  Nonrecourse  Promissory  Note and Security Agreement. This First
Renewal  and Extension of Interest Only Nonrecourse Promissory Note and Security
Agreement  incorporates  by  specific  reference  that  certain  Interest  Only
Nonrecourse  Promissory  Note  and Security Agreement dated February 23, 2003 by
and between its Maker, H.E.R.C. Products Incorporated and its Holder and Secured
Party,  R.  John  Armstrong,  and  specifically  incorporates  all  the  terms,
conditions  and  secured  party  interests  stated  therein  as modified by this
renewal  and  extension.

     Executed  at  Portsmouth,  Virginia  the  day and year first above written.


MAKER/DEBTOR

H.E.R.C.  Products  Incorporated,
a  Delaware  corporation

By:    S.  Steven  Carl,  CEO
     ------------------------


[Signature]

  /s/  S.  Steven  Carl
-----------------------


<PAGE>
Todd A. ENGLISH, Petitioner, v. Sonny PERDUE, Secretary of Agriculture.

No. 19-981.

Supreme Court of the United States.

March 30, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
`DTCC Repo-US Treasury <30 YR - NYSE LIFFE - NYPC                     Code-045L2T
OPTION AND FUTURES COMBINED POSITIONS AS OF 12/03/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF $5,000,000)                            OPEN INTEREST:       44,868
COMMITMENTS
   1,768    3,802    4,252   38,555   36,511   44,575   44,565      293      303

CHANGES FROM 11/26/13 (CHANGE IN OPEN INTEREST:    -19,055)
    -895     -932     -570  -17,881  -17,851  -19,346  -19,353      291      298

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     3.9      8.5      9.5     85.9     81.4     99.3     99.3      0.7      0.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       40)
       6        9        8       13       22       23       35`

---

Updated December 6, 2013
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 14861-002]

                    On May 24, 2022, Rye Development on behalf of FFP Project 101, LLC submitted to the Federal Energy Regulatory Commission (Commission) evidence of its application for a Clean Water Act section 401(a)(1) water quality certification filed with Washington State Department of Ecology (Washington Ecology), in conjunction with the above captioned project. Pursuant to section 401 of the Clean Water Act [1]                                          and section 4.34(b)(5) of the Commission's regulations,[2]                                          a state certifying agency is deemed to have waived its certifying authority if it fails or refuses to act on a certification request within a reasonable period of time, which is one year after the date the certification request was received. Accordingly, we hereby notify Washington Ecology of the following:                

Date that Washington Ecology Received the Certification Request: May 23, 2022.

If Washington Ecology fails or refuses to act on the water quality certification request on or before May 23, 2023, then the agency certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

Dated: May 31, 2022.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                             33 U.S.C. 1341(a)(1).                    
        Back to Citation      

2.                             18 CFR 4.34(b)(5).                    
        Back to Citation      

[FR Doc. 2022-12052 Filed 6-3-22; 8:45 am]

BILLING CODE 6717-01-P
No. 6:24-cv-00026

Barry Emmett,

Plaintiff,

v.

Unknown,

Defendant.

ORDER

Plaintiff Barry Emmett, a prisoner of the Texas Department of 

Criminal Justice proceeding pro se, filed this civil lawsuit without 

paying the filing fee. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). Doc. 

2. 

On January 26, 2024, the magistrate judge issued a report recommending that the court bar the plaintiff from proceeding in forma 

pauperis pursuant to 28 U.S.C. § 1915(g) and dismiss this case subject to reopening if the plaintiff pays the filing fee within fifteen days

of judgment. Doc. 3. A copy of the report was mailed to the plaintiff, 

who received it on February 1, 2024, and has not filed written objections or paid the filing fee. Doc. 4.

When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass 

v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it 

contains no clear error, the court accepts its findings and recommendation. The plaintiff is denied leave to proceed as a pauper, and this 

case is dismissed with prejudice for purposes of proceeding in forma 

pauperis under 28 U.S.C. § 1915(g)—but without prejudice as to the 

refiling of the lawsuit with payment of the full filing fee.

Case 6:24-cv-00026-JCB-KNM Document 5 Filed 05/13/24 Page 1 of 2 PageID #: 10
- 2 -

So ordered by the court on May 13, 2024.

J. CAMPBELL BARKER

United States District Judge

Case 6:24-cv-00026-JCB-KNM Document 5 Filed 05/13/24 Page 2 of 2 PageID #: 11
`DTCC Repo-US Treasury <30 YR - NYSE LIFFE - NYPC                     Code-045L2T
OPTION AND FUTURES COMBINED POSITIONS AS OF 01/08/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF $5,000,000)                            OPEN INTEREST:       51,755
COMMITMENTS
   3,649   12,625    4,225   43,081   34,111   50,955   50,961      800      794

CHANGES FROM 12/31/12 (CHANGE IN OPEN INTEREST:     -1,498)
     104      787      756   -2,519   -3,267   -1,659   -1,724      161      226

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     7.1     24.4      8.2     83.2     65.9     98.5     98.5      1.5      1.5

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       46)
       7        8        9       23       19       36       31`

---

Updated January 15, 2013
EXHIBIT
32.2






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 Quarterly Report of Performance Health Technologies, Inc.
(the “Company”) on Form 10-Q for the period ending June 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
James E. Bartolomei, Chief Financial Officer 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:





1)           The
Report fully complies with the requirements of Section 13(a) 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.








Dated:
August 18, 2008


/s/ James E.
Bartolomei


James E.
Bartolomei


Chief
Financial Officer


(Principal
Executive Officer)
CROSSMANN COMMUNITIES, INC.
9202 N. Meridian Street, Suite 300
Indianapolis, IN 46260
Phone (317) 843-9514
Fax (317) 571-2210

NEWS

FOR IMMEDIATE RELEASE

Contact:  Jennifer A. Holihen
Chief Financial Officer
Date:     August 8, 1997


CROSSMANN COMMUNITIES, INC. ANNOUNCES SHARE DIVIDEND

Indianapolis, IN  -- (August 8, 1997)  -- Crossmann Communities, Inc. (Nasdaq:
:CROS) today announced that it declared a share dividend of .5 common shares,
no par value, on each issued and outstanding common share to holders of record
on August 18,1997, payable on August 25, 1997.

Crossmann Communities, Inc. is based in Indianapolis, Indiana and is a leading
regional builder of single-family homes in Indiana, Ohio and Kentucky.


     # # #
To The Shareholders and Board of Trustees of
Smith Barney Income Funds:

In planning and performing our audits of the financial
statements of the Smith Barney Exchange Reserve Fund of
Smith Barney Income Funds (the "Fund") for the year ended
July 31, 1997, we considered its internal control structure,
including procedures for safeguarding securities, in order
to determine our auditing procedures for the purpose of
expressing our opinion on the financial statements and to
comply with the requirements of Form N-SAR, not to provide
assurance on the internal control structure.

The management of the Fund is responsible for establishing
and maintaining an internal control structure.  In
fulfilling this responsibility, estimates and judgments by
management are required to assess the expected benefits and
related costs of internal control structure policies and
procedures.  Two of the objectives of an internal control
structure are to provide management with reasonable, but not
absolute, assurance that assets are safeguarded against loss
from unauthorized use or disposition and that transactions
are executed in accordance with management's authorization
and recorded properly to permit preparation of financial
statements in conformity with generally accepted accounting
principles.

Because of inherent limitations in any internal control
structure, errors or irregularities may occur and not be
detected.  Also, projection of any evaluation of the
structure to future periods is subject to the risk that it
may become inadequate because of changes in conditions or
that the effectiveness of the design and operation may
deteriorate.

Our consideration of the internal control structure would
not necessarily disclose all matters in the internal control
structure that might be material weaknesses under standards
established by the American Institute of Certified Public
Accountants.  A material weakness is a condition in which
the design or operation of the specific internal control
structure elements does not reduce to a relatively low level
the risk that errors or irregularities in amounts that would
be material in relation to the financial statements being
audited may occur and not be detected within a timely period
by employees in the normal course of performing their
assigned functions.  However, we noted no matters involving
the internal control structure, including procedures for
safeguarding securities, that we consider to be material
weaknesses as defined above as of July 31, 1997.

This report is intended solely for the information and use
of management and the Securities and Exchange Commission.




September 15, 1997
[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11910]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4522-DR; Docket ID FEMA-2022-0001]


Maine; Amendment No. 9 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Maine (FEMA-4522-DR), dated April 4, 2020, and related 
determinations.

DATES: This change occurred on May 17, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Lori A. 
Ehrlich, of FEMA is appointed to act as the Federal Coordinating 
Officer for this disaster.
    This action terminates the appointment of Paul F. Ford as Federal 
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11910 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P
Caleb S. MOTUPALLI, Petitioner, v. Andrei IANCU, Director, United States Patent and Trademark Office.

No. 19-8094.

Supreme Court of the United States.

April 20, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
AO 458 (Rev. 06/09) Appearance of Counsel

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

Plaintiff

v. Case No.

Defendant

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

.

Date:

Attorney’s signature

Printed name and bar number

Address

E-mail address

Telephone number

FAX number

 Eastern District of Texas COBBLESTONE WIRELESS, LLC T-MOBILE USA, INC. 2:23-cv-00381-JRG-RSP COBBLESTONE WIRELESS, LLC 09/06/2023 /s/ Marc A. Fenster Marc A. Fenster SBN 181067

RUSS, AUGUST & KABAT 

12424 Wilshire Blvd, 12th Floor 

Los Angeles, CA 90025

mfenster@raklaw.com (310) 826-7474 (310) 826-6991 Print Save As... Reset

Case 2:23-cv-00381-JRG-RSP Document 12 Filed 09/06/23 Page 1 of 1 PageID #: 71