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

 This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of this

appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case therefore is ordered

submitted without oral argument.

UNITED STATES COURT OF APPEALS

Filed 8/21/96

TENTH CIRCUIT

 

JOSEPHINE BROWN, )

)

Plaintiff-Appellant, )

)

vs. ) No. 96-1133

) (D.C. No. 94-M-1142)

ARISTEDES ZAVARAS and ) (D. Colo.)

ROBERT FURLONG, )

)

Defendants-Appellees. )

 

ORDER AND JUDGMENT*

 

Before TACHA, BALDOCK, and BRISCOE, Circuit Judges**

 

Plaintiff Josephine Brown claims to be “a woman trapped in a man’s body.”

Brown, then an inmate at the Limon Correctional Facility, filed this § 1983 action pro se

against prison officials alleging that the officials’ refusal to provide him with estrogen

treatments constituted deliberate indifference to his medical needs in violation of the
1

 Brown filed both his notice of appeal and motion to proceed in forma pauperis

prior to the effective date of the recently enacted amendments to § 1915. Pub. L. No.

104-134, Title VIII, §§ 801-10, 110 Stat. 1321. Accordingly, we apply the law in effect

prior to the amendments. White v. Gregory, 87 F.3d 429, 430 (10th Cir. 1996).

-2-

Eighth Amendment. See Supre v. Ricketts, 792 F.2d 958 (10th Cir. 1986). The district

court dismissed Brown’s Eighth Amendment claim for failure to state a cause of action

under Fed. R. Civ. P. 12(b)(6). A panel of this Court reversed and remanded for a factual

determination of whether prison officials’ withholding of estrogen treatments from

Brown constituted deliberate indifference to his medical needs. Brown v. Zavaras, 63

F.3d 967 (10th Cir. 1995). On remand, the district court granted prison officials’ motion

for summary judgment under Fed. R. Civ. P. 56. According to the district court, Brown

had failed to refute evidence which prison officials presented indicating that they were in

no way deliberately indifferent to Brown’s medical needs. The evidence indicated that

prison officials have transferred Brown to the San Carlos Correctional Facility to expedite

his medical evaluation.

Brown appealed. The district court granted her motion to proceed on appeal in

forma pauperis. 28 U.S.C. § 1915(a).1 Our jurisdiction arises under 28 U.S.C. § 1291.

Our review of a grant of summary judgment is de novo. Benne v. International Business

Mach. Corp., 87 F.3d 419, 423 (10th Cir. 1996).
-3-

We have reviewed the parties’ briefs, pleadings, affidavits, and entire record

before us. We agree with the district court substantially for the reasons set forth in its

order granting the prison officials’ motion for summary judgment.

AFFIRMED

Entered for the Court,

Bobby R. Baldock

Circuit Judge
STATE of North Carolina v. Tony Earl STATEN.

No. 522P05.

Supreme Court of North Carolina.

December 1, 2005.

Marilyn Ozer, Chapel Hill, for Tony Earl Staten.

Joan Cunningham, Assistant Attorney General, Frank R. Parrish, District Attorney, for State of NC.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 19th day of September 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 1st day of December 2005."

Upon consideration of the petition filed on the 19th day of September 2005 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 1st day of December 2005."
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5101 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5101

To amend the Internal Revenue Code of 1986 to accelerate the phasein of 
           the deduction for domestic production activities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2008

 Mr. Manzullo (for himself, Mr. Lipinski, Mr. Cantor, Mr. Herger, and 
 Mr. Fortenberry) introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to accelerate the phasein of 
           the deduction for domestic production activities.

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

SECTION 1. ACCELERATING THE PHASEIN OF DOMESTIC PRODUCTION ACTIVITIES 
              DEDUCTION.

    (a) In General.--Subsection (a) of section 199 of the Internal 
Revenue Code of 1986 (relating to allowance of deduction) is amended to 
read as follows:
    ``(a) Allowance of Deduction.--There shall be allowed as a 
deduction an amount equal to 9 percent of the lesser of--
            ``(1) the qualified production activities income of the 
        taxpayer for the taxable year, or
            ``(2) taxable income (determined without regard to this 
        section) for the taxable year.''.
    (b) Conforming Amendment.--Paragraph (2) of section 199(d) of such 
Code is amended by striking ``subsection (a)(1)(B)'' and inserting 
``subsection (a)(2)''
    (c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2007.
                                 <all>
```
STATE v. GREENE.

No. COA05-782.

North Carolina Court of Appeals.

Filed April 4, 2006.

Certification Date April 24, 2006.

Appeal from Pitt (05CRS113).

Case without published opinion. Affirmed.
HARRELL v. HEATON

No. COA05-40

North Carolina Court of Appeals

Filed November 1, 2005

Certification Date November 21, 2005

Appeal from Watauga ((03CVS728).

Cases reported without published opinion. Dismissed.
No marine debris

Good water quality

Scenic beauty or view

Parking is convenient

Parking is free or inexpensive

Close to home 

Sandy (rather than rocky)

Not crowded 

Long enough for a walk/run

Bike path available 

No natural debris

Good surng available 

Fishing available 

66%

66%

57%

49%

44%

39%

33%

24%

24%

15%

12%

10%

8%

= 10% 

Percentage of people that ranked the following 

beach characteristics as very important

The full report is available at www.MarineDebris.noaa.gov for more details.
Exhibit 32.2





Section 1350 Certification of Principal Financial Officer





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2003





In connection with the Annual Report of INX Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof, I, Philip Rydzewski, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2003, that:





1.
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





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





By: /s/ PHILIP RYDZEWSKI


Philip Rydzewski,


Chief Financial Officer





June 3, 2011
|Exhibit 32.1
|------------

CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND TREASURER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF SARBANES-OXLEY ACT OF 2002

In connection with the annual report on Form 10-K of Capital Beverage Corporation (the " Company") for the year ended December 31, 2007 (the "Report"), I, Carmine N. Stella, hereby certify in my capacity as Chief Executive Officer of the Company, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

1. The Report fully complies with the requirements of Section 13 (a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: May 7, 2008 |  | /s/ Carmine N. Stella         
|------------------ |  | ------------------------------
|                   |  | Name: Carmine N. Stella       
|                   |  | Title: Chief Executive Officer

In connection with the annual report on Form 10-K of Capital Beverage Corporation (the " Company") for the year ended December 31, 2007 (the "Report"), I, Carol Russell, hereby certify in my capacity as Treasurer of the Company, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

1. The Report fully complies with the requirements of Section 13 (a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: May 7, 2008 |  | /s/ Carol Russell  
|------------------ |  | -------------------
|                   |  | Name: Carol Russell
|                   |  | Title: Treasurer   

---
I 

110TH CONGRESS 

2D SESSION H. R. 5514 

To amend title 28, United States Code, to limit Federal court jurisdiction 

over State laws restricting pornography, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2008 

Mr. CANNON introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to limit Federal 

court jurisdiction over State laws restricting pornography, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The Pornography Ju5 risdiction Limitation Act of 2008’’. 

6 SEC. 2. LIMITATION ON JURISDICTION. 

7 (a) IN GENERAL.—Chapter 99 of title 28, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


pwalker on PROD1PC71 with BILLS
2 

•HR 5514 IH

1 ‘‘§ 1632. Limitation on jurisdiction 

2 ‘‘(a) IN GENERAL.—No court created by Act of Con3 gress shall have jurisdiction, and the Supreme Court shall 

4 have no appellate jurisdiction, to hear or decide a question 

5 of whether a State pornography law imposes a constitu6 tionally invalid restriction on the freedom of expression. 

7 ‘‘(b) COURT PRECEDENT NOT BINDING.—A decision 

8 of a Federal court, to the extent the decision relates to 

9 a question described in subsection (a), is not binding 

10 precedent on a State court. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘State pornography law’ means 

13 a law of a State or political subdivision of a State, 

14 to the extent the law restricts a depiction, descrip15 tion, or display of nudity or sexual conduct. 

16 ‘‘(2) The term ‘State court’ means a court of 

17 a State or political subdivision of a State. 

18 ‘‘(3) The term ‘State’ means a State of the 

19 United States, the District of Columbia, and any 

20 commonwealth, territory, or possession of the United 

21 States.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 99 of title 28, United States 


pwalker on PROD1PC71 with BILLS
3 

•HR 5514 IH

1 Code, is amended by adding at the end the following new 

2 item: 

‘‘1632. Limitation on jurisdiction.’’. 

Æ 


pwalker on PROD1PC71 with BILLS
<PAGE>   1

                                                                     EXHIBIT 23

                        CONSENT OF INDEPENDENT AUDITORS

         We consent to the incorporation by reference in this Annual Report on
Form 10-KSB of Appalachian Bancshares, Inc. of our report dated January 23,
1998, included in the 1997 Annual Report to Shareholders of Appalachian
Bancshares, Inc.

         We also consent to the incorporation by reference in the Registration
Statement (Form S-8 No. 333-27127) pertaining to the Appalachian Bancshares,
Inc. 1997 Directors' Non-Qualified Stock Option Plan, 1997 Employee Stock
Incentive Plan and Section 401(k) Profit Sharing Plan, of our report dated
January 23, 1998, with respect to the consolidated financial statements and
schedules of Appalachian Bancshares, Inc. included in the Annual Report on Form
10-KSB for the year ended December 31, 1997.


                                           SCHAUER, TAYLOR, COX & EDWARDS, P.C.



Birmingham, Alabama
March 30, 1998
Exhibit 99.1(b)
                                                                 
                             OPTION
                               ONE
                      MORTGAGE CORPORATION
                                

As of and for the year ended December 31, 1996, Option One
Mortgage Corporation has complied in all material respects with
the minimum servicing standards set forth in the Mortgage Bankers
Association of America's Uniform Single Attestation Program for
Mortgage Bankers (USAP).  As of and for this same period, Option
One Mortgage Corporation had in effect a fidelity bond and errors
and omissions policy in the amount of $50 Million.


\s\ Robert E. Dubrish    2/15/97    \s\ William L. O'Neill  2/15/97
Robert E. Dubrish                     William L. O'Neill
Chief Executive Officer               Chief Financial Officer
                                
\s\ Jill Bright     2/15/97                 
Jill Bright                     
Controller
Table of Contents

Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Citigroup Fairfield Futures Fund L.P. II (the‘‘Partnership’’) on Form 10-Q for the periodending June 30, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the ‘‘Report’’),I, David J. Vogel, President and Director of Citigroup Managed FuturesLLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Partnership.

/s/ David J.Vogel

|  |
|--|
|  |  |
|  |

David J.VogelCitigroup Managed Futures LLC President andDirector

Date:   August 14,2006

----
WALLACE v. TLP INTERN., INC..

No. COA04-1326.

Court of Appeal of North Carolina

Filed August 2, 2005.

Certification Date August 22, 2005.

Appeal from the Durham (02CVS5202)

Case reported without published opinion Affirmed.
Exhibit 32.1


CERTIFICATION OF


CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


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 Cardtronics, Inc. (“Cardtronics”) for the period ended June 30, 2010 as filed with the Securities and Exchange Commission (the “SEC”) on the date hereof (the “Report”), the undersigned each hereby certifies, pursuant to 18 U.S.C. §1350 as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002:





(1)  The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and





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







Date:  August 6, 2010
/s/ Steven A. RathgaberSteven A. RathgaberChief Executive Officer(Principal Executive Officer)








Date:  August 6, 2010
/s/ J. Chris BrewsterJ. Chris BrewsterChief Financial Officer
I 

110TH CONGRESS 

2D SESSION H. R. 5414 

To suspend temporarily the duty on Phosphorus Thiochloride. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2008 

Mr. ETHERIDGE introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Phosphorus 

Thiochloride. 

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

3 SECTION 1. PHOSPHORUS THIOCHLORIDE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Phosphorus Thiochloride 

(CAS No. 3982–91–0) (provided for in subheading 

2853.00.00) ........................... Free No change No change On or before 

12/31/2011 ’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 5414 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS
Exhibit 31.1

Section 302 Certification of Chief Executive Officer and Chief Financial Officer

I, James Bell, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of ComLink
Communications Company.

2.   Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3.   Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4.   The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a)   designed such disclosure controls and procedures to ensure that
     material information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this quarterly report is being
     prepared;

     b)   evaluated the effectiveness of the registrant's disclosure controls
     and procedures as of a date within 90 days prior to the filing date of this
     quarterly report (the "Evaluation Date"); and

     c)   presented in this quarterly report our conclusions about the
     effectiveness of the disclosure controls and procedures based on our
     evaluation as of the Evaluation Date;

5.   The registrant's other certifying officers and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit committee
of registrant's board of directors (or persons performing the equivalent
functions):

     a)   all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls.


<PAGE>


6.   The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant efficiencies and material weaknesses.


Date: August 12, 2005


/s/ James Bell
---------------------------
James Bell
Chief Executive Officer and
Chief Financial Officer
<PAGE>

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 of Marketing WorldWide, Corporation (the
"Company") on Form 10-QSB for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
Winzkowski, 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, to my
knowledge that:

(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/ MICHAEL WINZKOWSKI
-----------------------
Michael Winzkowski
Chief Executive Officer
November 8, 2004
RODGER N. BUTLER ,

Appellant,

v.

STATE OF FLORIDA ,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-3730

_____________________________/

Opinion filed March 11, 2016.

An appeal from the Circuit Court for Columbia County.

Wesley R. Douglas, Judge.

Rodger N. Butler, pro se, for Appellant.

Pamela Jo Bondi, Attorney General, for Appellee.

PER CURIAM.

Rodger N. Butler appeals the trial court’s summary denial of his motion for 

post-conviction relief alleging ineffective assistance of trial counsel during a trial in 

2011. Upon consideration of his multiple arguments, we affirm the post-conviction 

order without additional comment, except for Mr. Butler’s second claim. We reverse 
2

and remand on his second claim, because the post-conviction order and attached 

records do not conclusively refute it. 

In his second claim for post-conviction relief, Mr. Butler asserted that his trial 

counsel was ineffective for failing to object to certain statements made by the 

prosecutor in his opening statement, at trial, and during closing. “When a motion for 

post-conviction relief under [rule 3.850] is granted or denied without an evidentiary 

hearing, . . . unless the record shows conclusively that the appellant is entitled to no 

relief, the order shall be reversed and the cause remanded for an evidentiary hearing 

or other appropriate relief.” Fla. R. App. P. 9.141(b)(2)(A) & (D); Smith v. State, 

170 So. 3d 124, 125 (Fla. 1st DCA 2015). In this case, we cannot determine from 

the record attachments whether the record conclusively refutes Appellant’s 

contention that trial counsel was ineffective for failing to object to the prosecutor’s 

statements. Upon remand, the trial court may either grant an evidentiary hearing, or 

enter summary denial a second time and attach portions of the record that 

conclusively refute Appellant’s allegations. 

AFFIRMED IN PART and REVERSED IN PART.

WOLF, OSTERHAUS, and KELSEY, JJ., CONCUR.