alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50862

Summary Calendar

MICHAEL HAENDEL,

Plaintiff-Appellant

v.

M. DIGIANTONIO; THOMAS EATON,

Defendants-Appellees

Appeals from the United States District Court

for the Western District of Texas

USDC No. 1:13-CV-7

Before PRADO, OWEN, and GRAVES, Circuit Judges.

PER CURIAM:*

Michael Haendel filed the instant 42 U.S.C. § 1983 suit to seek redress 

for actions connected to his January 2011 arrest. The district court granted 

the defendants’ Federal Rule of Civil Procedure 12(c) motion, dismissed the 

suit, and denied Haendel authorization to proceed in forma pauperis (IFP) on 

appeal. Now, Haendel moves this court for IFP status, thereby challenging the 

district court’s certification that his appeal was not taken in good faith. See

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 5, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-50862 Document: 00512723310 Page: 1 Date Filed: 08/05/2014
No. 13-50862

Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Our inquiry into Haendel’s 

good faith “is limited to whether the appeal involves legal points arguable on 

their merits (and therefore not frivolous).” Howard v. King, 707 F.2d 215, 220 

(5th Cir. 1983) (internal quotation marks and citation omitted). 

Haendel has not met this standard. There is little in his opening and 

reply briefs that relates to the district court’s judgment dismissing his suit. 

The majority of the briefs consists of recitations of various facts and law that 

do not relate to the district court’s judgment. Those few bits of the briefs that 

do mention various aspects of the district court’s judgment, such as Haendel’s 

assertion that qualified immunity is not absolute immunity, do not suffice to 

show a nonfrivolous appellate claim. 

This appeal lacks arguable merit and is thus frivolous. See Howard, 707 

F.3d at 225. Consequently, Haendel's IFP motion is DENIED, and the appeal 

is DISMISSED. See Baugh, 117 F.3d at 202; 5TH CIR. R. 42.2.

2

 Case: 13-50862 Document: 00512723310 Page: 2 Date Filed: 08/05/2014
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7946

MICHAEL EDWARD MILLS, Petitioner - Appellant, versus JOSEPH M. BROOKS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-01-461) Submitted: July 26, 2002 Decided: August 26, 2002 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Edward Mills, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Michael Edward Mills appeals a district court’s order denying him leave to proceed in forma pauperis on appeal in No. 01-7670. The denial of in forma pauperis status is immediately appealable. Roberts v. United States Dist. Court , 339 U.S. 844, 845 (1950). Because Mills did in fact proceed on appeal in forma pauperis in No. 01-7670, we dismiss this appeal as moot. We further deny leave to proceed on appeal in formal pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
STATE v. Rama Dion Benjamin CRUMP

151PA18-1

Supreme Court of North Carolina.

March 5, 2019

Ann B. Petersen, Attorney at Law, Chapel Hill, for Crump, Ramar Dion Benjamin.

James R. Glover, Attorney at Law, Chapel Hill.

Peter A. Regulski, Assistant Attorney General, Daniel P. O'Brien, Special Deputy Attorney General, R. Andrew Murray, District Attorney, for State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 5th of March 2019 by State of NC:

"Motion Allowed by order of the Court in conference, this the 5th of March 2019."

State of NC shall have up to and including the 10th day of May 2019 to file and serve his/her brief with this Court.
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Page 58734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20293]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency


Notice of Adjustment of Countywide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the countywide per capita impact 
indicator under the Public Assistance program for disasters declared on 
or after October 1, 2005 will be increased.

EFFECTIVE DATE: October 1, 2005 and applies to major disasters declared 
on or after October 1, 2005.

FOR FURTHER INFORMATION CONTACT: James A. Walke, Recovery Division, 
Federal Emergency Management Agency, Washington, DC 20472, (202) 646-
3834.

SUPPLEMENTARY INFORMATION: Response and Recovery Directorate Policy No. 
9122.1 provides that FEMA will adjust the countywide per capita impact 
indicator under the Public Assistance program to reflect annual changes 
in the Consumer Price Index for All Urban Consumers published by the 
Department of Labor.
    FEMA gives notice of an increase in the countywide per capita 
impact indicator to $2.94 for all disasters declared on or after 
October 1, 2005.
    FEMA bases the adjustment on an increase in the Consumer Price 
Index for All Urban Consumers of 3.6 percent for the 12-month period 
ended in August 2005. The Bureau of Labor Statistics of the U.S. 
Department of Labor released the information on September 15, 2005.


(Catalog of Federal Domestic Assistance No. 97.036, Public 
Assistance Grants.)
R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department 
of Homeland Security.
[FR Doc. 05-20293 Filed 10-6-05; 8:45 am]
BILLING CODE 9110-10-P
Docket 148/302

#### Anne Jacobs, complainant, *v.*Philip Jacobs, defendant.

[Decided January 15th, 1947.]

*Mr. Isadore*Wales, for the complainant.

*Mr. Maurice G.*Brigadier, for the defendant.

Lewis, V. C.

The complainant-wife instituted action by bill and writ of sequestration against the defendant-husband for an accounting. Without first obtaining leave of the court, the defendant entered a special appearance and filed an answer alleging to appear specially to the allegations contained in the bill.' In said answer,. defendant admitted his non-residence, and did not question the jurisdiction of the Court of Chancery or the process thereof. Upon hearing the parties on the return of an order to show cause, duly made, an order was entered herein declaring defendant had appeared generally in the cause.

If defendant desires to appear specialty and not have his appearance operate to clothe the court with jurisdiction over him generally in the suit, it seems he must obtain leave of *194the court to enter such an appearance. *Allman*v. *United Brotherhood, 79 N. J. Eq. 150; 81 Atl. Rep. 116;*affirmed on opinion below, *79 N. J. Eq. 641; 83 Atl. Rep. 1118; Mellor*v. *Kaighn, 89 N. J. Law 543*(at *p.*545); *99 Atl. Rep. 207*(at *p. 208); Spoor-Thompson Co.*v. Bennett, *105 N. J. Eq. 108*(at *p.*112); *147 Atl. Rep. 202*(at *p. 204); Swetland*v. *Swetland, 105 N. J. Eq. 608*(at *p. 619); 149 Atl. Rep. 50*(at *p. 55).*

The provisions of the Sequestration Act *(R. S. £:£9-99*and *100)*do not change the practice as to appearing specially in the Court of Chancery. These sections state only the effect of general and special appearances.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4557 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4557

 To amend the Federal Deposit Insurance Act to provide for notice to, 
and input by, State insurance commissioners when requiring an insurance 
  company to serve as a source of financial strength pursuant to such 
                                  Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2014

  Mr. Posey introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Deposit Insurance Act to provide for notice to, 
and input by, State insurance commissioners when requiring an insurance 
  company to serve as a source of financial strength pursuant to such 
                                  Act.

    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 ``Policyholder Protection Act of 
2014''.

SEC. 2. SOURCE OF STRENGTH.

    Section 38A of the Federal Deposit Insurance Act (12 U.S.C. 1831o-
1) is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Authority of State Insurance Regulator.--
            ``(1) In general.--The provisions of section 5(g) of the 
        Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall 
        apply to a savings and loan holding company that is an 
        insurance company, an affiliate of an insured depository 
        institution that is an insurance company, and to any other 
        company that is an insurance company and that directly or 
        indirectly controls an insured depository institution, to the 
        same extent as such section 5(g) applies to a bank holding 
        company that is an insurance company.
            ``(2) Rule of construction.--Requiring a bank holding 
        company that is an insurance company, a savings and loan 
        holding company that is an insurance company, an affiliate of 
        an insured depository institution that is an insurance company, 
        or any other company that is an insurance company and that 
        directly or indirectly controls an insured depository 
        institution to serve as a source of financial strength under 
        this section shall be deemed an `action of the Board that 
        requires a bank holding company to provide funds or other 
        assets to a subsidiary depository institution' for purposes of 
        such section 5(g).''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>                                            9
<MULTIPLIER>                                         1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         3,996
<INT-BEARING-DEPOSITS>                         6
<FED-FUNDS-SOLD>                               13,294
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    9,391
<INVESTMENTS-CARRYING>                         0
<INVESTMENTS-MARKET>                           0
<LOANS>                                        47,414
<ALLOWANCE>                                    602
<TOTAL-ASSETS>                                 80,748
<DEPOSITS>                                     60,718
<SHORT-TERM>                                   0
<LIABILITIES-OTHER>                            527
<LONG-TERM>                                    0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       20,374
<OTHER-SE>                                     (871)
<TOTAL-LIABILITIES-AND-EQUITY>                 80,748
<INTEREST-LOAN>                                2,937
<INTEREST-INVEST>                              798
<INTEREST-OTHER>                               298
<INTEREST-TOTAL>                               4,033
<INTEREST-DEPOSIT>                             1,079
<INTEREST-EXPENSE>                             1,089
<INTEREST-INCOME-NET>                          2,944
<LOAN-LOSSES>                                  385
<SECURITIES-GAINS>                             (39)
<EXPENSE-OTHER>                                3,779
<INCOME-PRETAX>                                (487)
<INCOME-PRE-EXTRAORDINARY>                     (491)
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (491)
<EPS-PRIMARY>                                  (1.77)
<EPS-DILUTED>                                  (1.77)
<YIELD-ACTUAL>                                 6.21
<LOANS-NON>                                    109
<LOANS-PAST>                                   0
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                0
<ALLOWANCE-OPEN>                               378
<CHARGE-OFFS>                                  199
<RECOVERIES>                                   38
<ALLOWANCE-CLOSE>                              602
<ALLOWANCE-DOMESTIC>                           515
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        87
        

</TABLE>
Exhibit 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U.S.C.
§ 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Aclara BioSciences, Inc. (the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Annual Report on Form 10-K of the
Company for the annual period ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



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



|                      |  |                           |  |                                          
|--------------------- |  | ------------------------- |  | -----------------------------------------
|Dated: March 15, 2004 |  | /S/     THOMAS G.
KLOPACK
|                      |  |                           |  | Thomas G. Klopack Chief Executive Officer



The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.



---

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



Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Aclara BioSciences, Inc. (the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Annual Report on Form
10-K of the Company for the annual period ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



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



|                      |  |                                |  |                                               
|--------------------- |  | ------------------------------ |  | ----------------------------------------------
|Dated: March 15, 2004 |  | /s/     ALFRED G.
MERRIWEATHER
|                      |  |                                |  | Alfred G. Merriweather Chief Financial Officer



The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
Order entered March 14, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00004-CV

BOBBIE THOMAS, Appellant

V.

UNITED MORTGAGE TRUST, ET AL., Appellees

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-02637

ORDER

We DENY as moot appellant’s January 31, 2014 motion for an extension of time to file 

the reporter’s record.

/s/ MICHAEL J. O’NEILL 

JUSTICE
IN RE: Charles Everette HINTON

449P11-19

Supreme Court of North Carolina.

June 7, 2018

Charles E. Hinton, for Hinton, Charles Everette

Daniel P. O'Brien, Special Deputy Attorney General, for State of N.C.

The following order has been entered on the motion filed on the 18th of May 2018 by Petitioner for Petition for Pardon and Discharge from Imprisonment:

"Motion Dismissed by order of the Court in conference, this the 7th of June 2018."
I 

111TH CONGRESS 

2D SESSION H. R. 4909 

To designate the facility of the United States Postal Service located at 

2168 7th Avenue in Anoka, Minnesota, as the ‘‘Richard K. Sorenson 

Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2010 

Mrs. BACHMANN introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 2168 7th Avenue in Anoka, Minnesota, as 

the ‘‘Richard K. Sorenson Post Office Building’’. 

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

3 SECTION 1. RICHARD K. SORENSON POST OFFICE BUILD4 ING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 2168 7th Avenue in Anoka, Min7 nesota, shall be known and designated as the ‘‘Richard 

8 K. Sorenson Post Office Building’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4909 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Richard K. Sorenson 

5 Post Office Building’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
IN THE SUPREME COURT OF THE

STATE OF OREGON

In the Matter of the Revocation of the Driving Privileges of ) Marion County Circuit Court ) Case no. 99C-12784 TIMOTHY LEE MCNUTT, ) ) Petitioner-Appellant, Petitioner on Review, ) SC S49002 v. ) CA A109284 ) DRIVER AND MOTOR VEHICLE ) SERVICES DIVISION (DMV), ) ) Respondent-Respondent, Respondent on Review. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) TODD BRADLEY MANNELIN, ) Marion County Circuit Court ) Case no. 99C-12847 Petitioner-Appellant, Petitioner on Review, ) v. ) ) SC S49023 DRIVER AND MOTOR VEHICLE ) CA A108316 SERVICES BRANCH (DMV), ) ) Respondent-Respondent, Respondent on Review. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) In the Matter of the Suspension of the Driv ing Privileges of ) Marion County Circuit Court ) Case no. 99C-12646 BRAD JARRETT DELZER, ) ) SC S49212 Petitioner-Appellant, Petitioner on Review, ) CA A107761 v. ) ) DRIVER AND MOTOR VEHICLE SERVICES )
BRANCH, (DMV), ) ORDER AFFIRMING ) BY AN EQUALLY Respondent-Respondent, Respondent on Review, ) DIVIDED COURT

Upon consideration by the court.

These cases are consolidated for decision. The decision of the Court of Appeals is affirmed by an equally divided court.

Dated this day of November 2003.

WALLACE P. CARSON, JR.

CHIEF JUSTICE

Leeson, J., resigned January 31, 2003, and did not par ticipate in the decision of this case.
Kistler, J., did not participate in the c onsideration or decision of this case.
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58721-58722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20224]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Office of the Director, National Institutes of Health; Notice of 
Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Advisory Committee on Research on Women's Health.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: Advisory Committee on Research on Women's 
Health
    Date: November 9-10, 2005
    Time: November 9, 2005, 9 a.m. to 5 p.m.
    Agenda: Provide advice to the Office of Research on Women's 
Health (ORWH) on appropriate research activities with respect to 
women's health and related studies to be undertaken by the national 
research institutes; to provide recommendations regarding ORWH 
activities; to meet the mandates of the office; and for discussion 
of scientific issues.
    Place: National Institutes of Health, Building 31, 31 Center 
Drive, Conference Room 6, Bethesda, MD 20892.
    Time: November 10, 2005, 9 a.m. to 12:30 p.m.
    Agenda: Same as above.
    Place: National Institutes of Health, Building 31, 31 Center 
Drive, Conference Room 6, Bethesda, MD 20892.
    Contact Person: Joyce Rudick, Director, Programs & Management, 
Office of Research on Women's Health, Office of the Director, 
National Institutes of Health, Building 1, Room 201, Bethesda, MD 
20892, (301) 402-1770.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person. Information is also available 
on the Institute's/Center's home page: http://www4.od.nih.gov/orwh/, 
where an agenda

[[Page 58722]]

and any additional information for the meeting will be posted when 
available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.14, 
Intramural Research Training Award; 93.22, Clinical Research Loan 
Repayment Program for Individuals from Disadvantaged Backgrounds; 
93.232, Loan Repayment Program for Research Generally; 93.39, 
Academic Research Enhancement Award; 93.936, NIH Acquired 
Immonodeficiency Syndrome Research Loan Repayment Program; 93.187, 
Undergraduate Scholarship Program for Individuals from Disadvantaged 
Backgrounds, National Institutes of Health, HHS)

    Dated: September 16, 2005.
Anthony M. Coelho, Jr.
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20224 Filed 10-6-05; 8:45 am]
BILLING CODE 4140-01-M