alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-11289 Summary Calendar

ERNESTO S. GONZALEZ, Plaintiff-Appellant,

versus CITY OF LUBBOCK, TEXAS, a Municipal Corporation, ET AL., Defendants, CITY OF LUBBOCK, TEXAS, a Municipal Corporation, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 5:96-CV-183

- - - - - - - - - - August 14, 1998 Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM: * Ernesto Gonzalez appeals the district court’s order granting summary judgment in favor of the City of Lubbock, Texas, and dismissing Gonzalez’s 42 U.S.C. § 1983 civil rights action. Gonzalez also appeals the district court’s protective order limiting his discovery of certain internal affairs and personnel files of police officers within the Lubbock Police Department.No. 97-11289 -2- Gonzalez argues that the district court abused its discretion in limiting his discovery of the Lubbock Police Department’s internal affairs files and the personnel files and that the district court erred in granting a summary judgment in favor of the City of Lubbock concerning his claims that the City had a policy or custom of condoning police misconduct, that the City failed to train and supervise its officers adequately, and that police officers initially stopped Gonzalez’s vehicle because he was Hispanic. We have reviewed the record and parties’ briefs and the AFFIRM the district court’s summary judgment for essentially the same reasons set forth by the district court. Gonzalez v. City of Lubbock, Texas , No. 5:96-CV-183 (N.D. Tex. Sept. 25, 1997).
AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             183
<INT-BEARING-DEPOSITS>                           2,604
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                        573
<INVESTMENTS-CARRYING>                           2,023
<INVESTMENTS-MARKET>                             2,021
<LOANS>                                         58,468
<ALLOWANCE>                                        135
<TOTAL-ASSETS>                                  64,666
<DEPOSITS>                                      50,335
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                737
<LONG-TERM>                                        112
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      13,472
<TOTAL-LIABILITIES-AND-EQUITY>                  64,666
<INTEREST-LOAN>                                  1,058
<INTEREST-INVEST>                                   32
<INTEREST-OTHER>                                    29
<INTEREST-TOTAL>                                 1,119
<INTEREST-DEPOSIT>                                 610
<INTEREST-EXPENSE>                                 614
<INTEREST-INCOME-NET>                              505
<LOAN-LOSSES>                                        9
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    256
<INCOME-PRETAX>                                    262
<INCOME-PRE-EXTRAORDINARY>                         262
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       173
<EPS-PRIMARY>                                     0.22
<EPS-DILUTED>                                     0.22
<YIELD-ACTUAL>                                     3.2
<LOANS-NON>                                        236
<LOANS-PAST>                                       366
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   148
<CHARGE-OFFS>                                       22
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<ALLOWANCE-CLOSE>                                  135
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<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### In the Matter of Local 295-295C, IUOE, et al., Respondents, v Phoenix Environmental Services Corporation, Appellant.

[800 NYS2d 516]

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, Phoenix Environmental Services Corporation appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated August 19, 2004, which granted the petition and denied its cross motion, inter alia, to vacate the award.

Ordered that the order is affirmed, with costs.

Consistent with the public policy in favor of arbitration, the grounds specified in CPLR 7511 for vacating an arbitration award are few in number and narrowly applied *(see Matter of Domotor v State Farm Mut. Ins. Co.,*9 AD3d 367 [2004]). The appellant having been served with proper and sufficient notice of the petitioner’s intent to arbitrate pursuant to CPLR 7503 (c), and having failed thereafter to seek a stay of arbitration, vacatur of the award on the ground that they were no longer bound by the prior agreement to arbitrate was barred *(see*CPLR 7511 [b] [2] [ii]; *cf. Matter of Blamowski [Munson Transp.],*91 NY2d 190, 195 [1997]). Moreover, the appellant failed to meet the heavy burden necessary to overturn an arbitration award on one or more of the grounds stated in CPLR 7511 (b) (1) *(see Matter of Domotor v State Farm Mut. Ins. Co., supra; Matter of Rothman v RE/MAX of N.Y.,*274 AD2d 520 [2000]). Accordingly, the Supreme Court properly denied the appellant’s cross motion to vacate the arbitration award and granted the petition to confirm the award *(see*CPLR 7511 [e]; *Matter of White v Department of Law of State of N.Y.,*184 AD2d 229, 230 [1992]).

The appellant’s remaining contentions are without merit. Adams, J.P., Krausman, Fisher and Lifson, JJ., concur.
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In connection with the Quarterly Report of Wells Real Estate Fund VIII, L.P. (the Registrant) on Form 10-Q for the period ended September 30, 2008, as filed with the Securities and Exchange Commission (the
Report), the undersigned, Leo F. Wells, III, Chief Executive Officer of the corporate general partner of one of the General Partners of the Registrant, and Douglas P. Williams, Chief Financial Officer of the corporate general
partner of one of the General Partners of the Registrant, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of our 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, and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



| |  |                        
| |  | -----------------------
| |  | /s/ LEO F. WELLS, III  
| |  | Leo F. Wells, III      
| |  | Chief Executive Officer
| |  | November 7, 2008       



| |  |                        
| |  | -----------------------
| |  | /s/ DOUGLAS P. WILLIAMS
| |  | Douglas P. Williams    
| |  | Chief Financial Officer
| |  | November 7, 2008
# The Feed (Hygiene and Enforcement) and the Animal Feed (Wales) (Amendment) Regulations 2013 (revoked)

        - Previous
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E+W

Welsh Statutory Instruments

# 2013 No. 3207 (W. 317)

Agriculture, Wales

# The Feed (Hygiene and Enforcement) and the Animal Feed (Wales) (Amendment) Regulations 2013 (revoked)F1

Made

18 December 2013

Laid before the National Assembly for Wales

19 December 2013

Coming into force

12 January 2014

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

F1Regulations revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), **Sch. 5**
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6357

NATHANIEL MURRAY , Petitioner

- Appellant ,

v. WARDEN STEPHAN , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill

. Terry L. Wooten , Senior District Judge. ( 0:18

- cv - 00960

- TLW )

Submitted : June 20, 2019 Decided: June 25, 2019

Before NIEMEYER, AGEE, and RICHARDSON , Circuit Judges.

Dismissed by un published per curiam opinion

. Nathaniel Murray, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Nathaniel Murray seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A cer tificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322,
336

- 38 (2003). When the district court denies rel ief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at
484

- 85. Based on the arguments presented in his informal brief, see 4th Cir. R. 34(b), and his failure to object to the magistrate judge’s recommendation on one ground after receiving proper notice, see Martin v. Duffy , 858 F.3d 239, 245 (4th Cir. 2017) , we conclude that Murray has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal.3 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.
DISMISSED
STATE v. TROGDON.

No. COA07-509.

Court of Appeals of North Carolina.

Filed December 18, 2007.

Certification Date January 7, 2008.

Appeal from Randolph (03CRS55321).

Decision without published opinion. No error.
##### 



Exhibit 15.2

AWARENESS LETTER OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

August 9, 2004

Securities and Exchange
Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Commissioners:

We are aware that our report
dated August 9, 2004 on our review of interim financial information
of Valeant Pharmaceuticals International (the Company)
for the three-month and six-month periods ended June 30, 2004
and 2003 and included in the Companys quarterly report on
Form 10-Q for the quarter ended June 30, 2004 is
incorporated by reference in its Registration Statements on Forms S-3
(File Nos. 333-10661, 333-67376, 333-88040, 333-88042 and
333-122904), and Form S-4 (File Nos. 333-112906) and on Form S-8
(File Nos. 33-56971, 333-81383, 333-73098, 333-85572, 333-109877 and
333-109879).

Sincerely,

/s/ PricewaterhouseCoopers
LLP
PricewaterhouseCoopers LLP
Los Angeles, California
August 9, 2004
# Commission Directive 2014/88/EU (repealed)Show full title

Commission Directive 2014/88/EU of 9 July 2014 amending Directive 2004/49/EC of the European Parliament and of the Council            as regards common safety indicators and common methods of calculating accident costs (Text with EEA relevance) (repealed)         

        - Previous
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U.K.

# Commission Directive 2014/88/EU                     

# of 9 July 2014

# amending Directive 2004/49/EC of the European Parliament and of the Council as regards common safety indicators and common                        methods of calculating accident costs                     

# (Text with EEA relevance) (repealed)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

Textual Amendments

F1Repealed by Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (Text with EEA relevance).
STATE v. William Leroy BARNES.

No. 146A94-3.

Supreme Court of North Carolina.

July 19, 2007.

George B. Currin, Raleigh, for Barnes.

Jonathan P. Babb, Special Deputy Attorney General, William D. Kenerly, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 18th day of July 2007 by Defendant for Extension of Time to File Petition for Writ of Certiorari:

"Motion Allowed. Defendant (Barnes) shall have up to and including the 28th day of September 2007 to file and serve his/her Petition for Writ of Certiorari with this Court. By order of the Court in conference this the 19th day of July 2007."
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3467 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3467

      To extend through April 1, 2009, the MinnesotaCare Medicaid 
                         demonstration project.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2008

 Ms. Klobuchar introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To extend through April 1, 2009, the MinnesotaCare Medicaid 
                         demonstration project.

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

SECTION 1. EXTENSION OF MINNESOTACARE MEDICAID DEMONSTRATION PROJECT.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services shall extend, effective July 1, 2008, and through 
April 1, 2009, the approval of waivers under section 1115 of the Social 
Security Act (42 U.S.C. 1315) for Medicaid demonstration project No. 
11-W-00039/5 (entitled Prepaid Medical Assistance Project Plus 
(PMAP+)), providing for operation of the MinnesotaCare program as well 
as providing authority for other flexibilities within the Medicaid 
program that support Minnesota's healthcare infrastructure.
                                 <all>
```
##### 



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 annual report of Covad Communications Group, Inc.
(the Company) on Form 10-K/A (for Amendment No. 1 to the annual report on
Form 10-K for the period ending December 31, 2003) as filed with the Securities
and Exchange Commission on the date hereof (the Amendment), I, Charles E.
Hoffman, Chief Executive 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 to the best of my knowledge: (1) The Amendment 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 Amendment fairly represents, in all
material respects, the financial condition and result of operations of the
Company. COVAD COMMUNICATIONS GROUP, INC.By:
    
    /s/ CHARLES E. HOFFMANCharles E. HoffmanPresident, Chief Executive Officer and DirectorDate:
May 17, 2004
EXHIBIT 10.6
 AMENDMENT
TO
EMPLOYMENT AGREEMENT
 EMPLOYMENT AGREEMENT
       1




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2




---



##### 



Coverage Costs
 3




---



##### 



12(e):
 4




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##### 



5




---



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6




---



##### 



earlier
 7




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##### 



provided, however,
  8




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##### 



Section 409A Penalty Tax
 9




---



##### 



later
  IN WITNESS WHEREOF,
 GREGORY CAPPELLI
    
    
    
    APOLLO GROUP, INC./s/ Gregory Cappelli
    
    
    
    By:
    
    /s/ Charles B. EdelsteinDated: December12, 2008
    
    
    
    Title:
Chief Executive OfficerDated:
    
    December 12, 2008
 10
STATE v. YATES.

No. COA07-573.

Court of Appeals of North Carolina.

Filed December 4, 2007.

Certification Date December 27, 2007.

Appeal from Cumberland (05CRS69681, 05CRS63813, 06CRS52796, 06CRS59498, 06CRS59499, 06CRS59500).

Case reported without published opinion. Affirmed.
<PAGE>

                                                                   EXHIBIT 24.1


                                POWER OF ATTORNEY


         KNOW ALL MEN BY THESE PRESENTS, that each undersigned director of
DESTIA COMMUNICATIONS, INC., a Delaware corporation, which intends to file with
the Securities and Exchange Commission, Washington, D.C., under the provisions
of the Securities Exchange Act of 1934, as amended, an Annual Report on Form
10-K for the year ended December 31, 1998 ("Annual Report"), hereby constitutes
and appoints ALFRED WEST, ALAN L. LEVY and RICHARD L. SHORTEN, JR. his true and
lawful attorneys-in-fact and agents, and each of them with full power to act
without the others, for him and in his name, place and stead, in any and all
capacities, to sign such Annual Report and any and all amendments thereto, and
to file such Annual Report and any and all amendments thereto with all exhibits
thereto, and any and all other documents in connection therewith, with the
Securities and Exchange Commission, and hereby grants unto said
attorneys-in-fact and agents, and each of them, full power and authority to do
and perform any and all other acts and things requisite and necessary or
advisable in connection with such Annual Report, and confirms all that said
attorneys-in-fact and agents, or any of them, may lawfully do or cause to be
done by virtue hereby.

         IN WITNESS WHEREOF, the undersigned has hereunto set his hand on the
30th day of March, 1999.


                                                          
                                                          ---------------------
                                                          Alfred West

                                                          
                                                          ---------------------
                                                          Alan L. Levy

                                                          
                                                          ---------------------
                                                          Stephen Munger
RECKSON ASSOCIATES REALTY CORP
                                  EXHIBIT 32.3

           CERTIFICATION OF MICHAEL MATURO, EXECUTIVE VICE PRESIDENT,
   TREASURER AND CHIEF FINANCIAL OFFICER OF RECKSON ASSOCIATES REALTY CORP.,
  PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

I, Michael Maturo, Executive Vice President, Treasurer and Chief Financial
Officer of Reckson Associates Realty Corp. (the "Company"), certify pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

     1)  The Quarterly Report on Form 10-Q of the Company for the quarterly
         period ended June 30, 2003 (the "Report") fully complies with the
         requirements of Section 13(a) or 15(d) of the Securities Exchange Act
         of 1934 (15 U.S.C. 78m or 78o(d)); 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 8, 2003

                        By             /s/ Michael Maturo
                          -----------------------------------------------------
                                       Michael Maturo, Executive Vice President,
                                           Treasurer and Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to Reckson Associates Realty Corp. and will be furnished to the
Securities and Exchange Commission or its staff upon request.
S. 3294 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To provide for the continued performance of the functions of the United States 

Parole Commission. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘United States Parole Commission 

Extension Act of 2008’’. 

SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984. 

For purposes of section 235(b) of the Sentencing Reform Act 

of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), 

as such section relates to chapter 311 of title 18, United States 

Code, and the United States Parole Commission, each reference 

in such section to ‘‘21 years’’ or ‘‘21-year period’’ shall be deemed 

a reference to ‘‘24 years’’ or ‘‘24-year period’’, respectively. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.