alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20711

Summary Calendar

 

TERRY L. WEBB, SR.,

Plaintiff-Appellant,

versus

JAMES CALHOUN; GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF

CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; ALLEN HIGHTOWER;

LANNETTE LINTHICUM; OWEN MURRAY; GLENDA ADAMS; H. T. DAO, M.D.,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CV-1666

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

January 30, 2003

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Terry L. Webb, Sr., Texas prisoner # 759716, appeals from

the district court’s dismissal with prejudice of his civil-rights

lawsuit, filed pursuant to 42 U.S.C. § 1983, under 28 U.S.C.

§ 1915(e)(2). Because Webb was not proceeding in forma pauperis,

the district court’s dismissal of the instant lawsuit under

28 U.S.C. § 1915(e)(2) was erroneous. See Bazrowx v. Scott,

136 F.3d 1053, 1054 (5th Cir. 1998). The question before this
No. 02-20711

-2-

court is whether such dismissal would have been alternatively

authorized under 28 U.S.C. § 1915A(b), which applies regardless

whether the plaintiff has paid a filing fee. See Ruiz v. United

States, 160 F.3d 273, 274 (5th Cir. 1998). This court reviews

dismissals under § 1915A de novo. See id. at 275.

In a 42 U.S.C. § 1983 civil-rights lawsuit, state law

supplies the limitations period while federal law determines when

a civil rights action accrues. See Harris v. Hegmann, 198 F.3d

153, 156-57 (5th Cir. 1999). The applicable statute of

limitations in Texas is two years. See TEX. CIV. PRAC. & REM. CODE

ANN. § 16.003(a) (West 1999). A cause of action accrues “the

moment the plaintiff becomes aware that he has suffered an injury

or has sufficient information to know that he has been injured.” 

Piotrowski v. City of Houston, 51 F.3d 512, 516 (5th Cir. 1995)

(internal quotation marks and citation omitted).

The district court, relying on Webb’s initial complaint and

a subsequent more definite statement, correctly determined that

Webb’s claim, as to his hyperthyroidism, arose from the events of

January 1997. The pleadings also establish that by August 1998,

Webb was aware that the delay in his treatment had caused the

development of Graves’ ophthalmopathy and other eye problems.

Also, in his appeal brief, Webb concedes that he became aware of

the injuries he allegedly received as a result of delayed medical

care in August 1998. He acknowledges that Texas’s two-year
No. 02-20711

-3-

limitation period is applicable and that he filed the instant

lawsuit in May 2001. 

It was apparent from the face of the complaint that it is

barred by the applicable limitations period. Accordingly,

dismissal under 28 U.S.C. § 1915A(b)(1) was appropriate. See

Gonzales v. Wyatt, 157 F.3d 1016, 1019-20 (5th Cir. 1998). The

district court’s judgment of dismissal is AFFIRMED.
Exhibit 32









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 Scientific Energy, Inc. (the "Company") on Form 10-QSB for the period ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stanley Chan, President, CEO & CFO of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(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/ Stanley Chan                   | 
|Stanley Chan, President, CEO & CFO | 
|                                   | 



May 18, 2007
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5338 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5338

 To extend the temporary suspension of duty on 4-(2,4-dichlorophenoxy) 
 butyric acid and 4-(2,4-dichlorophenoxy) butyric acid, dimethylamine 
                                 salt.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2008

 Mrs. Biggert introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To extend the temporary suspension of duty on 4-(2,4-dichlorophenoxy) 
 butyric acid and 4-(2,4-dichlorophenoxy) butyric acid, dimethylamine 
                                 salt.

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

SECTION 1. 4-(2,4-DICHLOROPHENOXY) BUTYRIC ACID AND 4-(2,4-
              DICHLOROPHENOXY) BUTYRIC ACID, DIMETHYLAMINE SALT.

    (a) In General.--Heading 9902.23.26 of the Harmonized Tariff 
Schedule of the United States (relating to 4-(2,4-dichlorophenoxy) 
butyric acid and 4-(2,4-dichlorophenoxy) butyric acid, dimethylamine 
salt) is amended by striking the date in the effective period column 
and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
EXHIBIT 32.4

CERTIFICATION BY THE PRINCIPAL 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 of Visant Corporation (the Company) on Form 10-Q for the period ended April 3, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Paul B. Carousso, Senior Vice President, 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, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                               
|------------------ |  | ----------------------------------------------
|Date: May 18, 2010 |  | /s/ Paul B. Carousso                          
|                   |  | Paul B. Carousso                              
|                   |  | Senior Vice President, Chief Financial Officer
|                   |  | (principal financial officer)
**EXHIBIT 32.1**

 

**CERTIFICATION**

 

I, Brian F. Lavin,President and Chief Executive Officer of NTS Realty Capital, Inc., themanaging general partner of NTS Realty Holdings Limited Partnership (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18U.S.C. Section 1350, that:

 

1.                                       The Quarterly Report on Form 10-Q ofthe Company for the quarter ended June 30, 2009 (the “Report”) fullycomplies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m); and

 

2.                                       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Dated: | August 14, 2009                                |     |
|--------|-----------------------------------------------------|----------|
| Name:  | /s/ *Brian F. Lavin*                                | * * |
|   | Brian F. Lavin                                      |     |
| Title: | President and Chief Executive Officer of            |     |
|   | NTS Realty Capital, Inc., the Managing General |     |
|   | Partner of NTS Realty  Holdings Limited Partnership |     |

 

A signed original of thiswritten statement required by Section 906 has been provided to the Companyand will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 

----
**EXHIBIT 32**

 

**CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Each of the undersigned hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to their knowledge:

 

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

 

(2)         the information contained in this periodic report fairly presents, in all material respects, the financial condition and results of operations of Gander Mountain Company.

 
| Dated: June 17,  2008 |     |                                     |
|----------------------------|----------|------------------------------------------|
|                       |     | /s/ Mark R.  Baker                       |
|                       |     | Mark R. Baker                            |
| * *                   | * * | *President  and Chief Executive Officer* |
|                       |     |                                     |
|                       |     |                                     |
|                       |     | /s/ Robert J.  Vold                      |
|                       |     | Robert J. Vold                           |
| * *                   | * * | *Senior  Vice President,*                |
| * *                   | * * | *Chief  Financial Officer and Treasurer* |

 

----
STATE v. HELLER.

No. COA04-1551.

Court of Appeal of North Carolina

Filed August 2, 2005.

Certification Date August 22, 2005.

Appeal from the Buncombe (01CRS52648, 02CRS7051, 02CRS7052, 02CRS7053, 04CRS7054, 02CRS7055, 03CRS7056, 02CRS7057, 04CRS2120, 04CRS2122)

Case reported without published opinion No error.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5441

 To amend title 10, United States Code, to extend the special survivor 
indemnity allowance to survivors of certain members of the Armed Forces 
                        who die on active duty.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

 Mr. Jones of North Carolina (for himself, Mr. Kline of Minnesota, Ms. 
 Loretta Sanchez of California, Mrs. Boyda of Kansas, Ms. Shea-Porter, 
and Mr. Wilson of South Carolina) introduced the following bill; which 
            was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to extend the special survivor 
indemnity allowance to survivors of certain members of the Armed Forces 
                        who die on active duty.

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

SECTION 1. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE 
              DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS 
              AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET 
              FOR DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Extension.--Subsection (m) of section 1450 of title 10, United 
States Code, as added by section 644 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
158), is amended in paragraph (1)(B) by striking ``section 1448(a)(1) 
of this title'' and inserting ``subsection (a)(1) of section 1448 of 
this title or by reason of coverage under subsection (d) of such 
section''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall apply with respect to the month beginning on October 1, 2008, and 
subsequent months as provided by paragraph (6) of subsection (m) of 
section 1450 of title 10, United States Code, as added by section 644 
of the National Defense Authorization Act for Fiscal Year 2008.
                                 <all>
```
IN RE ASHLEY W.

COA03-488.

Court of Appeals of North Carolina.

Filed August 3, 2004.

Certification Date August 23, 2004.

Case reported without published opinion. Affirmed.
# L_2012200EN.01002801.xml

| 27.7.2012 | EN | Official Journal of the European Union | L 200/28 |
| --- | --- | --- | --- |

27.7.2012

EN

Official Journal of the European Union

L 200/28

---

Corrigendum to Commission Implementing Regulation (EU) No 648/2012 of 25 July 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

(
  Official Journal of the European Union L 199 of 26 July 2012
  )

In the title of the Regulation, in the contents on the cover and on page 4:

for:

‘(EU) No 648/2012’,

read:

‘(EU) No 684/2012’.

---
Exhibit 99
<TABLE>
<CAPTION>
                         FINANCIAL STATEMENT SCHEDULE II

                              ALLSTAR SYSTEMS, INC.
                        VALUATION AND QUALIFYING ACCOUNTS
                             AS OF DECEMBER 31, 2001
                                 (In Thousands)


<S>                                                    <C>          <C>        <C>         <C>       <C>     <C>
                                                     Balance at   Charges to   Charge to
                                                      Beginning   Costs and      Other       Other          Balance at
                    Description                        of Year     Expenses    Accounts     Changes         End of year

Accumulated provision deducted from related assets on balance sheet:
         Allowance for doubtful accounts receivable:
              1999                                         358         916                  (1,046)  (A)         228
              2000                                         228       2,821        (83)      (2,226)  (A)         740
              2001                                         740       1,019         33         (539)  (A)       1,253
         Inventory reserves:
              1999                                           0         512                    (511)  (A)           1
              2000                                           1         673                    (279)  (A)         395
              2001                                         395        (251)                                      144
Reserves other than those deducted from assets on balance sheet:
         Allowance for doubtful vendor accounts receivable:
              1999                                         155       1,270                  (1,117)  (A)         308
              2000                                         308       1,135                  (1,443)  (A)           0
              2001                                           0           0                       0                 0
<FN>
(A) Reductions related to amounts written off.
</FN>
</TABLE>
# L_2017146EN.01013901.xml

| 9.6.2017 | EN | Official Journal of the European Union | L 146/139 |
| --- | --- | --- | --- |

9.6.2017

EN

Official Journal of the European Union

L 146/139

---

COUNCIL DECISION (CFSP) 2017/972

of 8 June 2017

updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/154

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

| (2) | On 27 January 2017, the Council adopted Decision (CFSP) 2017/154 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’). |
| --- | --- |

(2)

On 27 January 2017, the Council adopted Decision (CFSP) 2017/154 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

| (3) | The Council has determined that there are no longer grounds for keeping one of those entities on the list. |
| --- | --- |

(3)

The Council has determined that there are no longer grounds for keeping one of those entities on the list.

| (4) | The list should therefore be updated accordingly, |
| --- | --- |

(4)

The list should therefore be updated accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2017/154 is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Luxembourg, 8 June 2017.

For the Council

The President

U. REINSALU

---

(1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

1

(2)  Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136 (OJ L 23, 28.1.2017, p. 21).

2

---

ANNEX

The entity listed below is deleted from the list set out in the Annex to Decision (CFSP) 2017/154:

II.   GROUPS AND ENTITIES

| 11. | ‘Hofstadgroep’. |
| --- | --- |

11.

---
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 Sign Media Systems, Inc. (the
"Company") on Form 10QSB for the quarter ending June 30,2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Antonio
F. Uccello, III, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
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 results of operations of the
Company.


Dated:  September 9, 2005


/s/ Antonio F. Uccello, III
Antonio F. Uccello, III
Chief Executive Officer


<PAGE>


                            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 Sign Media Systems, Inc. (the
"Company") on Form 10QSB for the quarter ending June 30,2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Antonio
F. Uccello, III, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
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 results of operations of the
Company.


Dated:  September 9, 2005


/s/ Antonio F. Uccello, III
Antonio F. Uccello, III
Chief Financial Officer
GIBBS v. DAISY.

No. 380P05.

Supreme Court of North Carolina.

August 18, 2005.

William P. Hart, Special Deputy Attorney General, for William Daisy.

The following order has been entered on the motion filed on the 14th day of July 2005 by Petitioner "Appeal from the Order of the North Carolina Court of Appeals" Case # COAP03-523 of June 22, 2005:

"Motion Denied by order of the Court in conference this the 18th day of August 2005."
### NUMBER 13

- 18

- 0 0 268

- C V

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

IN R E EASTMAN CHEMICAL COMPANY

AND EASTMAN IN ITS ASSUMED OR COMMON NAME

On Petition for Writ of Mandamus.

ORDER

Before Justices Rodriguez, Contreras, and Hinojosa

Order Per Curiam

Relator Eastman Chemical Company and Eastman in its assumed or common

name f iled a petition for writ of mandamus seeking to compel the trial court to transfer

venue of the underlying suit from Nueces County, Texas to Galveston County, Texas

based on mandatory venue regarding land. See T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

.

§ 15.011 (West, Westlaw through 2017 1st C.S.).

The Court requests that the real party in interest Gulf Hydrogen and Energy, Inc.,

or any others whose interest would be directly affected by the relief sought, file a response2

to the petition for writ of mandamus on or before the expiration of ten days from the date

of this order. See T EX

. R. A PP

. P . 52. 2, 52.4, 52.8.

PER CURIAM

D elivered and filed the

6th day of June , 201 8

.
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

I, David A. Chaput, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report on Form 10-Q/A of General Moly, Inc. for thequarter ended March 31, 2009 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that information containedin such Quarterly Report on Form 10-Q fairly presents in all materialrespects the financial condition and results of operations of General Moly, Inc.

 

Dated: December 9, 2009

 
|   | By:    | /s/ David A.  Chaput    |
|--------|--------|-------------------------|
|   | Name:  | David A. Chaput         |
|   | Title: | Chief Financial Officer |
|        |        |                         |  |

 

1

----