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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

December 12, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-11008

Conference Calendar

JOHN ART GARY,

Plaintiff-Appellant,

versus

DARREN PACE; CLARENCE GRAY JOHNSON; RANDON GRAY;

SANDRA HICKS; BRUCE JONES; RENEE PERRY; JADA ANAE

BRODY; S.W. GRIFFIS; TOMMY RALEY; RUSS UNDERWOOD;

BRIAN CORRIGAN; RACHEL JONES,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:05-CV-202

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

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

John Art Gary, Texas state prisoner # 1282741, moves this

court for leave to appeal in forma pauperis (IFP) following the

district court’s dismissal of his civil rights complaint as

frivolous under 28 U.S.C. § 1915(e)(2)(B). Gary’s motion for IFP

is construed as a challenge to the district court’s determination

that the appeal is not taken in good faith. See Baugh v. Taylor,

117 F.3d 197, 202 (5th Cir. 1997). This court’s inquiry into
No. 05-11008

-2-

whether the appeal is taken in 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) (citation omitted). 

Gary brought suit against several employees of a McDonald’s

restaurant, alleging that he wrongfully was shot in the leg by

one of the employees after he began a robbery of the restaurant

but “changed his mind.” Gary also named as defendants several

law-enforcement agents; however, he does not appeal from the

district court’s dismissal of his claims against those

defendants.

Even were this court to accept Gary’s assertion that he

submitted evidence sufficient to support his claim that the

McDonald’s defendants conspired with state actors to protect the

employee who shot him from criminal liability, Gary had no

federal constitutional right to have the employee criminally

prosecuted. See Oliver v. Collins, 914 F.2d 56, 60 (5th Cir.

1990). Gary thus fails to state a cause of action under

42 U.S.C. § 1983. See Woods v. Edwards, 51 F.3d 577, 583 (5th

Cir. 1995). The motion for IFP is denied and the appeal is

dismissed as frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH

CIR. R. 42.2. 

Gary previously filed a civil rights complaint that was

dismissed as frivolous. See Gary v. Collins, 6:91cv530 (E.D.

Tex. May 26, 1992). The dismissal of the instant appeal as
No. 05-11008

-3-

frivolous counts as two strikes. See Adepegba v. Hammons,

103 F.3d 383, 387 (5th Cir. 1996). Because he has accumulated

three strikes under § 1915(g), Gary is barred from proceeding IFP

in any civil action or appeal filed while he is incarcerated or

detained in any facility unless he is under imminent danger of

serious physical injury. See § 1915(g).

MOTION FOR IFP DENIED; APPEAL DISMISSED; 28 U.S.C. § 1915(g)

BAR IMPOSED.
null

74.59006
Exhibit 32.2

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 Gramercy Capital Corp. (the "Company") on Form 10-K as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jon W. Clark, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ JON W. CLARK Name:  Jon W. Clark
Title:Chief Financial Officer


May 11,
2009

---



QuickLinks
Exhibit 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER  PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Jack Abramov, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of House of Taylor Jewelry, Inc. on Form 10-KSB for the fiscal year ended December 31, 2006 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 Annual Report on Form 10-KSB fairly presents in all material respects the financial condition and results of operations of House of Taylor Jewelry, Inc.  Date: April 16, 2007   /S/ Jack AbramovName:Jack AbramovTitle:Chief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CDRJ
INVESTMENTS (LUX) S.A. FINANCIAL STATEMENTS AS OF DECEMBER 31, 1999 AND 1998 AND
FOR THE YEARS THEN ENDED INCLUDED IN THE FORM 10-K AS OF DECEMBER 31, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           4,906
<SECURITIES>                                         0
<RECEIVABLES>                                   34,364
<ALLOWANCES>                                     3,087
<INVENTORY>                                     30,290
<CURRENT-ASSETS>                                88,956
<PP&E>                                          55,706
<DEPRECIATION>                                   5,099
<TOTAL-ASSETS>                                 278,377
<CURRENT-LIABILITIES>                           54,792
<BONDS>                                        130,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,661
<OTHER-SE>                                      74,133
<TOTAL-LIABILITY-AND-EQUITY>                   278,377
<SALES>                                        290,450
<TOTAL-REVENUES>                               290,450
<CGS>                                           82,239
<TOTAL-COSTS>                                   82,239
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,888
<INCOME-PRETAX>                                 16,074
<INCOME-TAX>                                    10,874
<INCOME-CONTINUING>                              5,200
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    552
<CHANGES>                                            0
<NET-INCOME>                                     4,648
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### In re Horace H. PEREZ, Respondent, A Member of the Bar of the District of Columbia Court of Appeals.

No. 02-BG-660.

District of Columbia Court of Appeals.

Submitted March 11, 2003.

Decided July 10, 2003.

Before SCHWELB, RUIZ and REID, Associate Judges.

PER CURIAM:

This case arises from Respondent’s representation of Mr. Raul Martinez with respect to immigration matters. The Board on Professional Responsibility (“Board”), having adopted and incorporated the findings of fact and conclusions of law of a Hearing Committee, and having reviewed and modified the Hearing Committee’s recommended sanction,1 has recommended that respondent be suspended from the practice of law in the District of Columbia for a period of sixty days for protracted neglect and intentional conduct that resulted in prejudice and damage to a vulnerable client. The Board adopted the Hearing Committee’s recommendation that the Respondent make restitution to Mr. Martinez in the amount of $350 (with interest) and that reinstatement be conditioned upon proof of fitness to practice law in the District of Columbia.

Bar Counsel has filed no exception to the Board’s recommendation. Although Respondent indicated that he excepted to the Board’s report and recommendation, he has filed no brief with this court.2 Our “review of the Board’s report should be *207deferential where respondent has bypassed the opportunity to identify and brief issues.” *In re Dubow,*729 A.2d 886, 887 (D.C.1999) (citing *In re Goldsborough,*654 A.2d 1285, 1287-88 (D.C.1995)) (noting that Respondent initially excepted but failed to file a brief with this court identifying the issues on appeal).

ORDERED that Horace Hugo Perez shall be suspended from the practice of law in the District of Columbia for a period of sixty (60) days with reinstatement conditioned upon a showing of fitness to practice law;3 it is

FURTHER ORDERED that Horace Hugo Perez shall be required to make restitution to Mr. Raul Martinez in the amount of $350 with interest as calculated by the Board in its recommendation.

*So ordered.*

1

. The Hearing Committee recommended a thirty day suspension.

2

. Respondent was granted three extensions of time to file his brief and, when none was *207filed, was notified on October 19, 2002, that the case would be submitted to the court on the basis of the Board’s report.

3

. Pursuant to D.C. Bar R. XI, § 14, the Respondent is required to notify all clients and attorneys for adverse parties about the suspension and, pursuant to Rule XI, § 14(g), to maintain records showing compliance with § 14 as a possible condition of eventual reinstatement. *See In re Hagos, 616*A.2d 343, 343 (D.C.1992). Furthermore, pursuant to D.C. Bar R. XI, § 16(C) "eligibility for reinstatement after suspension ... shall not begin until the period of suspension ... has elapsed following the attorney’s compliance with section 14." *See id.*(internal quotation omitted).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1133

INNA VLADISLAVOVNA ARGASHOKOVA,

Petitioner,

v.

JEFFERSON B. SESSIONS III, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: September 12, 2017 Decided: September 22, 2017

Before NIEMEYER, AGEE, and HARRIS, Circuit Judges.

Petition denied in part; dismissed in part by unpublished per curiam opinion.

Tatiana S. Aristova, KHAVINSON & ASSOCIATES, P.C., Plainsboro, New Jersey, for 

Petitioner. Chad A. Readler, Acting Assistant Attorney General, Cindy S. Ferrier, 

Assistant Director, Timothy G. Hayes, Office of Immigration Litigation, UNITED 

STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Inna Vladislavovna Argashokova, a native of the former Soviet Union and a citizen 

of Russia, petitions for review of an order of the Board of Immigration Appeals (Board) 

denying her motion to reopen as untimely. We have reviewed the administrative record 

and the Board’s order and find no abuse of discretion. See 8 C.F.R. § 1003.2(a), (c)(2) 

(2017). We therefore deny the petition for review in part for the reasons stated by the 

Board. See In re Argashokova (B.I.A. Jan. 4, 2017). 

We lack jurisdiction to review the Board’s refusal to exercise its sua sponte authority 

to reopen and therefore dismiss this portion of the petition for review. See Lawrence v. 

Lynch, 826 F.3d 198, 206-07 (4th Cir. 2016); Mosere v. Mukasey, 552 F.3d 397, 400-01 

(4th Cir. 2009). 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.

PETITION DENIED IN PART;

DISMISSED IN PART
<PAGE>

                                                                   Exhibit 10.20

                                 AMENDMENT NO. 1

                                     TO THE

                            2001 STOCK INCENTIVE PLAN

                                       OF

                           RENAISSANCERE HOLDINGS LTD.



         This Amendment No. 1 (the "Amendment") to the 2001 Stock Incentive Plan
of RenaissanceRe Holdings Ltd. (the "Plan") is made effective as of this 4th day
of May, 2001.

         Pursuant to resolutions of the Board of Directors (the "Board") of
RenaissanceRe Holdings Ltd. (the "Company") dated May 4, 2001, the Plan is
hereby amended as follows:

               1. Section 10(k) of the Plan is hereby amended by adding the
                  following sentence at the end thereof:

                           "In addition to a transfer not for "value" as
                           described above, the Committee may, in its sole
                           discretion, at the time of grant or at any time
                           thereafter, allow any Participant to transfer to the
                           Participant's "family members" Options that are not
                           ISOs, Restricted Stock, Bonus Shares and Base Shares
                           granted to such Participant, for "value."

               2.  Except as expressly provided herein, the terms and conditions
                   of the Plan shall remain unchanged.




                                  RENAISSANCERE HOLDINGS LTD.



                                  By:  /s/ John M. Lummis
                                       Name: John M. Lummis
                                       Title: Executive Vice President and Chief
                                              Financial Officer (Principal
                                              Accounting Officer)
# United Nations Day, 2005

Sixty years ago, the United Nations was created to spread hope and liberty, fight poverty and disease, and help secure human rights and human dignity for people everywhere. On United Nations Day, we recommit ourselves to the ideals on which this organization was founded.

Throughout history, the human spirit has been tested by the forces of darkness and evil. Since its founding in the aftermath of World War II, the United Nations has worked to solve problems and harness the best instincts of humankind. Today, we must continue efforts to ease suffering, spread freedom, and lay the foundations of lasting peace for our children and grandchildren.

In the aftermath of last year's tsunami in the Indian Ocean region and this month's earthquakes in South Asia, we have witnessed the great capacity of human compassion. The support from the United Nations demonstrated how nations of the world can unite in common purpose to address difficult challenges. This enduring truth inspired those who created the United Nations, and it continues to do so 60 years later. With courage and conscience, we will meet our responsibilities to protect the lives and rights of others. As we do this, we will help fulfill the great promise of the United Nations, ensuring that all people can enjoy the peace, freedom, and dignity our Creator intended.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 24, 2005, as United Nations Day. I urge the Governors of the 50 States, the Governor of the Commonwealth of Puerto Rico, and the officials of other areas under the flag of the United States to honor the observance of United Nations Day with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of October, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth.

[FR Doc. 05-21354

Billing code 3195-01-P
Exhibit 32.2

Certification of Principal Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

I,
Kevin E. Shaffer, Chief Financial Officer of Educate, Inc. (the Company), certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to the best of my knowledge:



| | 1. | This Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2007 (the Report) fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/ Kevin E. ShafferName:

Kevin E. ShafferDate:

May 10, 2007


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



33
H. R. 5133 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To designate the facility of the United States Postal Service located at 331 1st 

Street in Carlstadt, New Jersey, as the ‘‘Staff Sergeant Frank T. Carvill and 

Lance Corporal Michael A. Schwarz Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. STAFF SERGEANT FRANK T. CARVILL AND LANCE CORPORAL MICHAEL A. SCHWARZ POST OFFICE BUILDING. 

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

Service located at 331 1st Street in Carlstadt, New Jersey, shall 

be known and designated as the ‘‘Staff Sergeant Frank T. Carvill 

and Lance Corporal Michael A. Schwarz Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Staff Sergeant Frank T. Carvill and Lance Corporal Michael 

A. Schwarz Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned officers of W&T Offshore, Inc. (the Company), hereby certifies, to the best of his knowledge, that the Companys Quarterly Report on Form 10-Q for the period ended September
30, 2005 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.



|                        |  |                        
|----------------------- |  | -----------------------
|Date: November 14, 2005 |  | /s/ TRACY W. KROHN     
|                        |  | Tracy W. Krohn         
|                        |  | Chief Executive Officer



|                        |  |                        
|----------------------- |  | -----------------------
|Date: November 14, 2005 |  | /s/ STEPHEN A. LANDRY  
|                        |  | Stephen A. Landry      
|                        |  | Chief Financial Officer
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

E.O., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

CUSTOM & BORDER PROTECTION,

Olmito, TX, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 21-0186

Issued: December 17, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 24, 2020 appellant filed an appeal from a May 4, 2020 merit decision of the 

Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 21-0186.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 

For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review 

authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s 

decision.2

The 180th day following the May 4, 2020 decision was October 31, 2020. As appellant did 

not file an appeal with the Board until November 24, 2020, more than 180 days after the May 4, 

2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0186 is untimely filed. 

The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to 

 

1 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).

2

Id. at § 501.3(e).
2

explain the failure to timely file an appeal with supporting documentation sufficient to establish 

compelling circumstances.

The Board’s decisions and orders are “final upon the expiration of 30 days from the date 

of their issuance.”

3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0186 is dismissed.

Issued: December 17, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

3

Id. at § 501.6(d).
J.

addressed to the sound discretion of the court); see also NRS 34.020. Accordingly, we

ORDER the petition DENIED.

Gibbons J.

cc: Hon. Patrick Flanagan, District Judge Lemons, Grundy & Eisenberg Galloway & Jensen Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A 

### e
**Exhibit
      23.1**







**Cinnamon
      Jang Willoughby & Company**




Chartered
      Accountants


***A
      Partnership of Incorporated Professionals***










**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**








We
      hereby
      consent to the incorporation by reference in the Registration Statements on
      Form
      S-8 (No. 333-139815) of Flexible Solutions International, Inc. of our report
      dated February 23, 2007, relating to the consolidated financial statements,
      which appears in this Form 10-KSB.




/s/
      Cinnamon Jang Willoughby &
Company


Cinnamon
      Jang Willoughby & Company








Burnaby,
      Canada


March
      29,
      2007
In the MATTER OF the Appeal of: INNOVATIVE SOLAR 63, LLC, Appellant

From the decision of the Greene County Board of Equalization and Review1 to deny the partial exclusion of certain personal property for tax year 2016

No. COA18-391

Court of Appeals of North Carolina.

Filed: November 20, 2018

AFFIRMED.

1 We note that the appeal to the North Carolina Property Tax Commission was from the decision of the Greene County Board of Commissioners.

--------