alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. Melvin Leroy FOWLER

No. 173PA17

Supreme Court of North Carolina.

November 1, 2017

Mr. Jason C. Yoder, Attorney at Law, For Fowler, Melvin Leroy.

Mr. Christopher W. Brooks, Assistant Attorney General, For State of North Carolina.

*485Ms. N. Lorrin Freeman, District Attorney, For State.

***ORDER***

Upon consideration of the petition filed by State of NC on the 5th of June 2017 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 1st of November 2017."

Upon consideration of the petition filed on the 19th of June 2017 by State of NC 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:

"Allowed by order of the Court in conference, this the 1st of November 2017."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
# Official Journal C 36A/13 F

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 36A |
| | |
| English edition | Information and Notices | Volume 5213 February 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 36A

English edition

Information and Notices

Volume 5213 February 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2009/C 036A/01 | Reserve list — Open Competition EPSO/AD/115/07 — Irish-language (GA) Lawyer-linguists (AD 7) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2009/C 036A/01

Reserve list — Open Competition EPSO/AD/115/07 — Irish-language (GA) Lawyer-linguists (AD 7)

1

| EN | |
| --- | --- |

EN

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 13.2.2009 | EN | Official Journal of the European Union | CA 36/1 |
| --- | --- | --- | --- |

13.2.2009

EN

Official Journal of the European Union

CA 36/1

---

RESERVE LIST

   (1)

OPEN COMPETITION EPSO/AD/115/07

IRISH-LANGUAGE (GA)

LAWYER-LINGUISTS (AD 7)

(2009/C 36 A/01)

| 1. | MANGAN | Francis |
| --- | --- | --- |
| 2. | RYAN O KELLY | Orla |

1.

MANGAN

Francis

2.

RYAN O KELLY

Orla

The reserve list will be valid until 31 December 2010 and may be extended.

---

(1)  A successful candidate may explicitly request her/his name not be published.

---
**EXHIBIT 23.0**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

 

We have issuedour report dated March 25, 2005, accompanying the consolidated financialstatements  incorporated by reference orincluded in the Annual Report of TF Financial Corporation on Form 10-K forthe year ended December 31, 2004. We hereby consent to the incorporation by reference of said report inthe Registration Statements of TF Financial Corporation on Form S-8 (File No. 33-87176,effective December 7, 1994, File No. 333-09235, effective July 31,1996 and File No. 333-27085, effective May 14, 1997).

 

 

Philadelphia, Pennsylvania

March 25, 2005

 

----
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

In re: MARK C. JACKSON,

Petitioner

______________________

2020-102

______________________

On Petition for Writ of Mandamus to the United States 

Court of Appeals for Veterans Claims in No. 19-5406, 

Judge Margaret C. Bartley.

______________________

ON PETITION

______________________

PER CURIAM.

O R D E R

Before the court is Mark C. Jackson’s “Petition for Extraordinary Relief,” which the court construes as seeking 

mandamus relief. Mr. Jackson has also submitted a “notice 

of interlocutory appeal.”

To prevail on a mandamus petition, a party must show: 

(1) it has a clear legal right to relief; (2) there are no adequate alternative legal channels through which it may obtain that relief; and (3) the grant of mandamus is 

appropriate under the circumstances. Cheney v. U.S. Dist. 

Court for the Dist. of Columbia, 542 U.S. 367, 380–81 

Case: 20-102 Document: 5-1 Page: 1 Filed: 01/29/2020
2 IN RE JACKSON

(2004); Kerr v. U.S. Dist. Court for the N. Dist. of Cal., 426 

U.S. 394, 403 (1976).

Among other things, Mr. Jackson states in his petition 

that he seeks “the necessary writs to enforce the judgment” 

in connection with a decision of the Board of Veterans Appeals, No. 04-31 819A, 2014 WL 5094720 (Aug. 4, 2014),

and has a petition for an extraordinary writ pending in the 

United States Court of Appeals for Veterans Claims “but, 

to date no action has been taken by the court on the petition.” Mr. Jackson identifies Veterans Court Docket No. 

2019-5406. On November 21, 2019, the Veterans Court 

acted on Mr. Jackson’s petition in that case. Pursuant to 

Federal Rule of Appellate Procedure 4(d), this court will 

transmit to the Veterans Court Mr. Jackson’s notice of appeal as having been timely filed. Mr. Jackson thus has an 

alternative means by which to pursue his relief. 

Mr. Jackson also raises allegations against numerous 

parties, including the State of Florida, concerning “a governmental racketeering enterprise conspiracy or retaliatory, discriminatory prohibited personnel practice or 

unwarranted personnel action” involving, among other 

things, court corruption, his driver’s license suspension, his 

brother’s murder, and his attendance at West Virginia University. Just as this court previously concluded that Mr. 

Jackson’s earlier petitions raising essentially the same allegations failed to establish a clear and indisputable right 

to relief, see, e.g., Jackson v. United States, 612 F. App’x 

997 (Fed. Cir. 2015); Jackson v. Shinseki, 421 F. App’x 957 

(Fed. Cir. 2011), we do the same here. 

Accordingly, 

IT IS ORDERED THAT:

(1) Mr. Jackson’s petition is denied.

(2) This court transmits ECF No. 4, to the Clerk of the 

Veterans Court to be considered a notice of appeal in Jackson v. Wilkie, No. 19-5406, filed on December 17, 2019. 

Case: 20-102 Document: 5-1 Page: 2 Filed: 01/29/2020
IN RE JACKSON 3

 FOR THE COURT

January 29, 2020 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court 

s31

Case: 20-102 Document: 5-1 Page: 3 Filed: 01/29/2020
COURTNEY NC LLC v. BALDWIN

219P17-1

Supreme Court of North Carolina.

September 28, 2017

Monette Baldwin, for Baldwin, Monette.

A. Bartlett White, Attorney at Law, Raleigh, Stephanie D'Atri, Attorney at Law, for Courtney NC, LLC.

The following order has been entered on the motion filed on the 31st of August 2017 by Defendant to Supplement the Application for Extraordinary Reasons and in the Interest of Justice for Leave Out of Time to Renew Application for Stay:

"Motion Dismissed as moot by order of the Court in conference, this the 28th of September 2017."

Beasley, J. and Morgan, J. recused
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-7450

BOBBY BURGHART,

 Plaintiff - Appellant,

v.

SARA BEYER,

 Defendant - Appellee,

and

THOMAS KANE; J. F. CARAWAY; J. ANDREWS; ERIC W. GIBSON; T. 

PALUCH; B. NEAGLE; KIRKPATRICK; BRADFORD, Unicore Plant Manager; 

BELLAS, Unit Supervisor; R. SIMMONS; S. COX; L. LINDSAY; PHYSICIAN 

ASSISTANT DERRY; WILLIAM O’DONNELL; STEPHANIE MARTIN,

 Defendants.

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

Raleigh. Terrence W. Boyle, Chief District Judge. (5:17-ct-03048-BO)

Submitted: March 12, 2020 Decided: March 16, 2020

Before KING, KEENAN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Bobby Burghart, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Bobby Burghart appeals the district court’s order dismissing his claims pursuant to 

the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (2018), under 28 U.S.C. 

§ 1915(e)(2)(B) (2018), and granting summary judgment on some of his claims under 

Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 

(1971), for failure to exhaust or on the merits, and a subsequent order granting summary 

judgment to Defendants on the remaining deliberate indifference claims. We have 

reviewed the record and find no reversible error. Accordingly, we affirm for the reasons 

stated by the district court. Burghart v. Beyer, No. 5:17-ct-03048-BO (E.D.N.C. Sept. 28, 

2018; Sept. 17, 2019). 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
___________

No. 96-1368

___________

Matthew Joseph Sikora, Jr., *

*

Appellant, *

*

v. * Appeal from the United States

* District Court for the

Robert Houston, Warden, Lincoln * District of Nebraska.

Correctional Center; John Does, * [Unpublished]

*

Appellees. *

___________

 Submitted: March 22, 1996

 Filed: April 19, 1996

___________

Before McMILLIAN, WOLLMAN, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Matthew Sikora, a Nebraska inmate, appeals from the district court's

28 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 claim alleging prison

officials and prison medical staff violated his constitutional rights. We

reverse and remand.

The magistrate provisionally granted Sikora leave to proceed in forma

pauperis (IFP) pending receipt of Sikora's trust account statements. Upon

review of the statements, the magistrate ordered Sikora to pay a partial

filing fee. The magistrate also granted Sikora leave to amend his

complaint to explain how claims in this particular action were not

duplicative of claims raised by Sikora in two other suits pending before

the court. Sikora paid the fee and filed an amended complaint.
-2-

After reviewing the amended complaint, the magistrate recommended

dismissal pursuant to section 1915(d). Without mentioning Sikora's payment

of the partial filing fee, the magistrate concluded that, as the claims in

Sikora's amended complaint were frivolous and duplicative, his provisional

IFP status should be revoked and his action dismissed. The district court

adopted the magistrate's recommendation. 

 

The district court acted improperly in ordering Sikora to pay a

partial filing fee before determining whether his complaint was frivolous;

after Sikora paid the court-ordered filing fee his complaint had to be

treated as if it were a paid complaint. See In re: Funkhouser, 873 F.2d

1076, 1077 (8th Cir. 1989) (per curiam) (a court may not require plaintiff

to first pay fee and then later dismiss complaint as frivolous).

Accordingly, we reverse and remand.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 10.7







June 30, 2014







Sterling Aviation, LLC


340 Crossways Park Drive


Woodbury, NY  11797:







Re:            Amendment to Aircraft Dry Lease Agreement


 


Gentlemen:







Reference is made hereby to that certain Aircraft Dry Lease Agreement (the “Agreement”) dated as of February 16, 2011, by and between Sterling Aviation, LLC (“Sterling”) and CSC Holdings, LLC, as successor-in-interest to CSC Transport, Inc. (“CSC”), as amended to date.







You and CSC hereby agree that, effective as of June 1, 2014, Section 2 of the Agreement shall be amended to read in full as follows:







“2.       Intentionally Omitted”


 


Except as set forth herein, the Agreement shall continue in full force and effect in accordance with its terms.







	
 

	
Sincerely,


	
 

	
 


	
 

	
CSC HOLDINGS, LLC


	
 

	
 


	
 

	
/s/ Jennifer Love


	
 

	
Name: Jennifer Love


	
 

	
Title: SVP, CSO & Aviation










Accepted and agreed:







STERLING AVIATION, LLC







/s/ Charles F. Dolan


Name: Charles F. Dolan


Title: President
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 27, 2008 Clifford W. Taylor,

 Chief Justice 

136882 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. BROE REHABILITATION SERVICES, INC., Stephen J. Markman, Intervening Plaintiff-Appellee, Justices 

and 

LINDA WENDERLICH,

Plaintiff, 

v SC: 136882 

 COA: 275587 
 Wayne CC: 03-317643-NI

ALLSTATE INSURANCE COMPANY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 22, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

1020 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 27, 2008 

 Clerk
In the MATTER OF the Imprisonment of: Ryan Lamar PARSONS

No. 320P17-2

Supreme Court of North Carolina.

December 12, 2017

Daniel P. O'Brien, Special Deputy Attorney General, J. Douglas Henderson, District Attorney, for State of North Carolina.

Ryan Lamar Parsons, for Parsons, Ryan Lamar.

Lorraine B. Lewis, Pro Se/Power of Attorney obo Parsons.

***ORDER***

Upon consideration of the application filed by Defendant on the 11th of December 2017 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Guilford County:

"Denied by order of the Court in conference, this the 12th of December 2017."
SMS STUDENT LOAN TRUST 1999-B


                              OFFICERS' CERTIFICATE


To:  i)   Bank One, National Association, not in its individual capacity but
          solely as Eligible Lender Trustee,
     ii)  Bankers Trust Company, New York, N.Y., Indenture Trustee,
     iii) General Re Financial Products Corporation, Swap Counterparty

     In  accordance  with  Section  3.08 of the  Servicing  Agreement  among SMS
     Student Loan Trust 1999-B,  as Issuer,  USA Group Loan  Services,  Inc., as
     Servicer  ("Servicer"),  USA Group  Secondary  Market  Services,  Inc.,  as
     Seller, and Bank One, National Association,  not in its individual capacity
     but  solely  as  Eligible  Lender  Trustee,  dated as of  February  1, 1999
     ("Servicing Agreement"),  the undersigned,  in their official capacities as
     Authorized Officers of Servicer, hereby certify as follows:

         a) a review of the  activities  of Servicer  during the period from the
         Closing Date to September 30, 1999 and of its performance has been made
         under such officers' supervision, and

         b) to the  best of such  officers'  knowledge,  based  on such  review,
         Servicer  has  fulfilled  all  its  obligations   under  the  Servicing
         Agreement in all material respects throughout such period.

Unless otherwise indicated, capitalized terms have the meanings ascribed to them
in the Servicing Agreement.

In witness  whereof,  USA Group Loan  Services,  Inc.,  has caused  this  Annual
Statement as to Compliance to be duly executed as of September 30, 1999.

USA GROUP LOAN SERVICES, INC.



by /s/ Laura S. Blackburn
Laura S. Blackburn, Vice President



by /s/ Daniel L. Yost
Daniel L. Yost, Senior Vice President


cc: USA Group Secondary Market Services, Inc.
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350

The undersigned, Steven L.
Basta, the President and Chief Executive Officer of BioForm Medical, Inc. (the Company), pursuant to 18 U.S.C. §1350, hereby certifies that:



|(i) | the Quarterly Report on Form 10-Q for the period ended September 30, 2007 of the Company (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                        |  |  |  |     |  |                        
|----------------------- |  |  |  | --- |  | -----------------------
|                        |  |  | 
|Date: December 19, 2007 |  |  |  | By: |  | /s/ Steven L. Basta    
|                        |  |  |  |     |  | Steven L. Basta        
|                        |  |  |  |     |  | Chief Executive Officer
**Exhibit
      32.2**







**CERTIFICATION
      OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
      PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      Kenneth W. Bean, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
      Report of Pediatric Prosthetics, Inc. on Form 10-QSB for the quarterly period
      ended March 31, 2007 fully complies with the requirements of Section 13(a)
      or
      15(d) of the Securities Exchange Act of 1934 and that information contained
      in
      such Form 10-QSB fairly presents in all material respects the financial
      condition and results of operations of Pediatric Prosthetics, Inc.





*By:/s/
      Kenneth W. Bean*


Kenneth
      W. Bean


Chief
      Financial Officer


(Principal
      Accounting Officer)





May
      15,
      2007
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-2000
<PERIOD-START>                             JUN-01-1999
<PERIOD-END>                               MAY-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                      15,154,295
<SECURITIES>                                23,129,324
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            39,198,461
<PP&E>                                      13,968,807
<DEPRECIATION>                              11,513,106
<TOTAL-ASSETS>                              41,728,495
<CURRENT-LIABILITIES>                        1,485,946
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                       142,424
<OTHER-SE>                                  39,952,408
<TOTAL-LIABILITY-AND-EQUITY>                41,728,495
<SALES>                                              0
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<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (9,167,070)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (9,167,070)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,167,070)
<EPS-BASIC>                                      (.64)
<EPS-DILUTED>                                    (.64)


</TABLE>
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4318 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4318

 To amend the Endangered Species Act of 1973 to conform citizen suits 
    under that Act with other existing law, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2014

Mr. Huizenga of Michigan (for himself, Mr. Hastings of Washington, Mrs. 
  Lummis, Mr. Amodei, Mr. Bishop of Utah, Mr. Collins of Georgia, Mr. 
Harris, Mr. Lankford, Mr. Luetkemeyer, Mr. Neugebauer, Mr. Southerland, 
Mr. Thompson of Pennsylvania, and Mr. Valadao) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
 To amend the Endangered Species Act of 1973 to conform citizen suits 
    under that Act with other existing law, and for other purposes.

    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 ``Endangered Species Litigation 
Reasonableness Act''.

SEC. 2. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE 
              WITH EXISTING LAW.

    Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)(4)) is amended by striking ``to any'' and all that follows 
through the end of the sentence and inserting ``to any prevailing party 
in accordance with section 2412 of title 28, United States Code.''.
                                 <all>
```