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this opinion should not be published and is not precedent except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

August 7, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40781

Summary Calendar

DOUGLAS ALAN BURDEN,

Plaintiff-Appellant,

versus

UNIDENTIFIED PARTY, Head Supervisor/Director of ATAR

Spindletop Life Resources; DENA JOHNSON, Johnston’s Head

Counselor; MIKE FAIRLEY, Head Coordinator of Substance

Abuse; JAMES TABORWSKI, Probation Officer; ROSALYN COBBALD,

Director, ATAR Spindletop Life Resources,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:03-CV-582

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

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. 

PER CURIAM:*

Douglas Alan Burden, Texas prisoner # 1160823, appeals from

the dismissal of his 42 U.S.C. § 1983 complaint pursuant to

28 U.S.C. § 1915(e)(2)(b)(i), (ii) as frivolous and for failure to

state a claim and moves for appointment of counsel. He argues that

the district court erred in holding that he failed to state a claim

under the Equal Protection Clause. Burden’s motion to file a

supplemental reply brief is granted. 

Affording the dismissal the requisite de novo review, Geiger
2

v. Jowers, 404 F.3d 371, 373 (5th Cir. 2005), we hold that Burden

has failed to allege facts that would tend to show that he was

intentionally treated differently from similarly situated clients

of the treatment program without a rational basis for the

distinction. See Village of Willowbrook v. Olech, 528 U.S. 562,

564 (2000). He has therefore indeed failed to state an equal

protection claim. 

Burden’s appeal presents no “exceptional circumstances,” and

his motion for appointment of counsel is therefore denied. Ulmer

v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982). Because his

appeal is without arguable merit, it is dismissed. See 5TH CIR. R.

42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Burden is cautioned that the dismissal of this appeal as

frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g),

in addition to the strike for the district court’s dismissal. See

Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). He is

further cautioned that if he accumulates three strikes under

§ 1915(g), he will not be able to proceed in forma pauperis 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 28 U.S.C. § 1915(g). 

APPEAL DISMISSED; MOTION FOR APPOINTMENT OF COUNSEL DENIED;

MOTION TO FILE SUPPLEMENTAL REPLY BRIEF GRANTED; SANCTION WARNING

ISSUED.
JEREMY JENKINS

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 2210

________ _____________________/

Opinion filed September 5, 2014.

An appeal from the Circuit Court for Escambia County

. Jan Shackelford , Judge

.

Jeremy Jenkins, pro se

, Appellant.

Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney

General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

PADOVANO, THOMAS, and CLARK, JJ., CONCUR.
#### STATE v. MACON

No. 35.

Case below: 6 N.C. App. 245.

Petition for writ of *certiorari*to North Carolina Court of Appeals allowed 11 February 1970.
U.S. DEPARTMENT OF LABOR 

EMPLOYMENT STANDARDS ADMINISTRATION 

Office of Workers' Compensation Programs Wo.shington, D.C 20211 

August 16, 1976 No. 27 

Wl'ICE '10 INSURANCE CARRIERS, SELF-INSURED EMPWYEFS UNDER THE 

I.ONGSHOREMEN'S AND HAROOR w:::lRKERS' rol!?ENSATION ACT, l\S EXTENDED, 

AND OTHER INTERESTED PERSONS 

Subject: Proposed Procedural Rules Arrending Iongsho:re:rren's Act 

Regulations, Federal Register, August 13, 1976 

Attached is a copy of proposed arrendrrents to the rules of the Departrrent 

of Labor governing the administration of the Iongshorerren Is and Hamor 

workers' Co!lpensation Act, 33 u.s.c. 901 et al,, as airended by PUB. L. 

92-576, 86 Stat. 1251. 'lhe proposed arrendrrents are intended to clarify 

and expand certain procedural rules applicable to filing, processing 

and adjudicating clains. 'lhe proposed changes were published in the 

Federal Register on Friday, August 13, 1976. 

The fi:r:st several paragraphs of the attached docunEnt indicate the significant proposed changes, and where indicated, the reason or eiq;:;lanation of 

the airendrrent or addition. Your attention is invited to this explanation 

and sumna:ry. 

Interested persons are invited to submit written caments conce:ming 

these proposed rules to the Director, Office of Wbrkers' Conpensation 

Prograns, U.S. r:epartrrent of Labor, Washington, D.C. 20211, on or before 

Septenber 13, 1976. 

~/Y~.d, 

HEBBER1' A. OOYLE, JR. 

Director, Office of 

Workers I Conpensation Prograns 

Attac:hrrent
EXHIBIT NO. 32.1
The X-Change Corporation
File No. 002-41703
Form 10-Q
Quarter ended March 31, 2010

                    CERTIFICATION PURSUANT TO 18 U.S.C. 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002 -
               CHIEF EXECUTIVE AND ACTING CHIEF FINANCIAL OFFICER

In connection with the Quarterly Report of The X-Change Corporation (Company) on
Form 10-Q for the period ended March 31, 2010, as filed with the  Securities and
Exchange  Commission  on the date hereof  (Report),  I, Haviland  Wright,  Chief
Executive and Acting Financial Officer of the Company,  certify,  pursuant to 18
U.S.C.  Section 1350,  adopted as pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that:

     (1)  The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

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


Dated: April 28, 2010                         By: /s/ Haviland Wright
       --------------                             ------------------------------
                                                                 Haviland Wright
                                                     Chief Executive Officer and
                                                  Acting Chief Financial Officer

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

A signed  original of this  written  statement  required by Section 906 has been
provided  to The  X-Change  Corporation  and will be  retained  by The  X-Change
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
#### LELAND CALVIN SIMPSON, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 10297

December 20, 1978

587 P.2d 1319

*Morgan D. Harris,*Public Defender, and *James B. Gibson,*Deputy Public Defender, Clark County, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *H. Leon Simon,*Chief Appellate Deputy, Clark County, for Respondent.

OPINION

*Per Curiam:*

Leland Calvin Simpson was convicted of Lewdness with his minor stepdaughter in violation of NRS 201.230 and Attempt Infamous Crime Against Nature in violation of NRS 201.190, 208.070. He was sentenced to concurrent terms of ten years for the Lewdness and twenty years for the Attempt. Appellant now seeks a reversal on the ground that the district court erred in admitting the testimony of appellant’s other minor stepchildren concerning his prior illicit sexual conduct with them.

*761We recently considered and rejected a similar claim in Willett v. State, 94 Nev. 620, 584 P.2d 684 (1978). Willett was convicted of three counts of an Infamous Crime Against Nature. The evidence showed he had committed several acts of oral copulation on a minor boy. On appeal, Willett complained the trial court erred in admitting testimony from another minor boy upon whom he had also allegedly committed similar acts. Emphasizing that the similar acts were committed close in time, within a month, and under similar circumstances, while Willett was working as a volunteer in a home for boys, we held the testimony admissible to show a “common scheme or plan.” NRS 48.045(2); in accord, *see,*Nestor v. State, 75 Nev. 41, 334 P.2d 524 (1959). *Compare,*Findley v. State, 94 Nev. 212, 577 P.2d 867 (1978); McMichael v. State, 94 Nev. 184, 577 P.2d 398 (1978).

In the instant case, the minor victim testified to the acts giving rise to the criminal complaint. Her testimony was corroborated by her younger sister who was present and witnessed appellant’s sexual misconduct. Out of the presence of the jury, the court then heard argument to determine whether the prosecution would be allowed to introduce evidence of Simpson’s continuing course of illicit sexual conduct upon his minor stepchildren. Recognizing the prejudicial effect of such testimony, the district judge nevertheless admitted the testimony as proof of a common scheme or plan. NRS 48.035, 48.045(2). The victim and her siblings were then allowed to testify to appellant’s prior illicit sexual conduct with them and other members of the family.

As the incidents were close in time, ranging from one month to four years prior to the charged offense, and occurred within the family household, the trial court did not abuse its discretion in admitting the evidence. Willett v. State, *supra.*Accordingly, the judgment of conviction and sentence are affirmed.
<PAGE>

                                                                    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 RTI International Metals, Inc. (the
"Company") on Form 10-K for the period ending December 31, 2004 as filed with
the Securities and Exchange Commission on April 14, 2005 and as amended on the
date hereof (the "Report"), I, Lawrence W. Jacobs, Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

          (1) The Report fully complies with the requirements of Section 13(a)
     or 15(d) of the Securities Exchange Act of 1934; and

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

                                                  /s/ LAWRENCE W. JACOBS
                                          --------------------------------------
                                                    Lawrence W. Jacobs
                                                 Chief Financial Officer

May 9, 2005
#### A.R.J.; et al., Plaintiffs—Appellants, v. UNITED STATES of America; et al., Defendants—Appellees.

No. 03-16402.

United States Court of Appeals, Ninth Circuit.

Submitted March 23, 2005.*

Decided April 4, 2005.

J. Ryan, Sunnyvale, CA, pro se.

A.R.J., Sunnyvale, CA, pro se.

Before: B. FLETCHER, TROTT, and PAEZ, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

A.R.J. appeals pro se the district court’s order dismissing without prejudice her action against the United States, the state of California, and others for failure to comply with a court order. We have jurisdiction *158pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, *Ferdik v. Bonzelet,*963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court did not abuse its discretion in dismissing A.R.J.’s action without prejudice for failure to file a timely amended complaint as ordered by the court. *See id.*at 1260-62. The district court granted numerous extensions of time to file an amended complaint, warned A.R.J. that failure to file would result in dismissal, and dismissed the action without prejudice to A.R.J re-filing a complaint when she is ready to proceed.

A.R.J.’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the *158courts of this circuit except as provided by Ninth Circuit Rule 36-3.
EXHIBIT 23 — CONSENT OF INDEPENDENT ACCOUNTANTS
CONSENT OF INDEPENDENT ACCOUNTANTS
We hereby consent to the incorporation by reference in the RegistrationStatement on Forms S-8 (No. 333-83014, No. 333-95615, No. 333-17725, No.333-05125, No. 33-69782, No. 33-44481, No. 33-33535, No.333-52844, 333-69955,333-07347, and No. 333-55816) of MICROS Systems, Inc. of our report datedAugust 15, 2003, relating to the financial statements, which appears in theAnnual Report to Shareholders, which is incorporated in this Annual Report onForm 10-K. We also consent to the incorporation by reference of our reportdated August 15, 2003, relating to the financial statement schedules, whichappears in this Form 10-K.
PricewaterhouseCoopers LLP
Baltimore, Maryland
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Page 69580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22687]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Diabetes and Digestive and Kidney Diseases; 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive 
and Kidney Diseases Special Emphasis Panel. Review of R03 Grant 
Application.
    Date: November 28, 2005.
    Time: 2 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Two Democracy Plaza, 6707 
Democracy Boulevard, Bethesda, MD 20892. (Telephone Conference 
Call).
    Contact Person: Neal A. Musto, PhD, Scientific Review 
Administrator, Review Branch, DEA, NIDDK, National Institutes of 
Health, Room 751, 6707 Democracy Boulevard, Bethesda, MD 20892-5452. 
(301) 594-7798. <a href="/cdn-cgi/l/email-protection#48253d3b3c2726082d303c3a296626212c2c2366262120662f273e"><span class="__cf_email__" data-cfemail="ec81999f988382ac8994989e8dc28285888887c2828584c28b839a">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, 
Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive 
Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology 
and Hematology Research, National Institutes of Health, HHS)

    Dated: November 4, 2005.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-22687 Filed 11-15-05; 8:45 am]
BILLING CODE 4140-01-M


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</html>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6900
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TONY O'NEAL HARRIS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CR-95-912) Submitted: November 20, 1997 Decided: December 10, 1997 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Tony O'Neal Harris, Appellant Pro Se. E. Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Tony O'Neal Harris appeals the district court's order denying his motion for reduction of sentence. Harris alleges that he was sentenced under a pre-1994 version of U.S. Sentencing Commission, Guidelines Manual , § 2D1.1(c), resulting in a base offense level higher than that permissible under the Guidelines Manual in effect as of November, 1994. We have reviewed the record and find his factual assertion to be incorrect. Harris's sentence was computed according to the 1995 edition of the Guidelines Manual . He didreceive a base offense level of 38 which, after subsequent adjustments, resulted in a total offense level of 37. Therefore, we affirm the district court's denial of his motion for reduction. 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.

AFFIRMED
Consent of Independent Auditors


The Board of Directors
Ocean Energy, Inc.:

     We consent to the incorporation by reference in the following  Registration
Statements of Ocean Energy,  Inc.  (formerly Seagull Energy  Corporation) of our
report dated January  31, 2000,  relating to the  consolidated  balance sheet of
Ocean Energy,  Inc. and  Subsidiaries as of  December 31, 1999 and the related
consolidated  statements of operations,  shareholders' equity and cash flows for
the year then ended,  which report is included in the  December 31, 1999  Annual
Report on Form 10-K of Ocean Energy, Inc.

a. Form S-8, Seagull Thrift Plan (2-72014).
b. Form S-8, Seagull Energy Corporation 1981 Non-Qualified and
    Incentive Stock Option Plan (2-80834).
c. Form S-8, ENSTAR Natural Gas Company Thrift Plan (33-14463).
d. Forms S-8 and S-3, Seagull Energy Corporation 1983 Stock Option
    Plan (2-93087).
e. Forms S-8 and S-3, Seagull Energy Corporation 1986 Stock
    Option Plan (33-22475).
f. Form S-8, Seagull Energy Corporation 1990 Stock Option Plan (33-43483).
g. Form S-8, Seagull Energy Corporation 1993 Stock Option Plan (33-50643).
h. Form S-8, Seagull Energy Corporation 1993 Nonemployee Directors'
    Stock Option Plan (33-50645).
i. Form S-3, $350,000,000 Debt Securities of Seagull Energy
    Corporation (33-65118).
j. Form S-3, $100,000,000 Debt Securities of Seagull Energy
    Corporation (333-34841).
k. Form  S-8, Seagull Energy Corporation 1995 Omnibus Stock Plan (33-64041).
l. Form  S-3,  $300,000,000  Debt  Securities,  Preferred  Stock,
    Depositary  Shares, Common Stock or Securities Warrants of
    Seagull Energy Corporation (33-64051).
m. Form S-8,  Global  Natural  Resources In. 1989 Key Employees  Stock
    Option Plan and Global Natural Resources 1992 Stock Option Plan (333-13393).
n. Form S-8, Seagull Energy Corporation 1998 Omnibus Stock Plan (333-71375).
o. Form S-8, Ocean Energy, Inc. 1999 Long-Term Incentive Plan (333-95507).
p. Form S-3, Ocean Energy, Inc. $1 Billion Debt Securities, Common Stock,
    Preferred Stock, Depository Shares, Warrants, Guarantees of
    Debt Securities (333-79765).
q. Form S-8, Ocean Energy, Inc. 1996 Long-Term  Incentive Plan, Ocean
    Energy,  Inc. 1994 Long-Term Incentive Plan, and United Meridian
    Corporation 1994 Outside  Directors' Nonqualified Stock Option
    Plan (333-78255).
r. Post-Effective  Amendment No. 1 to Form S-4 on Form S-8,  Ocean  Energy,
    Inc.  1998  Long-Term  Incentive Plan, Ocean Energy, Inc. Long-Term
    Incentive Plan For Nonexecutive  Employees, United Meridian Corporation
    1994 Employee  Nonqualified  Stock Option Plan, and United Meridian
    Corporation 1987 Nonqualified Stock Option Plan (333-68679).
s.  Form S-4, Seagull/Ocean Merger (333-68679).



/s/KPMG LLP
Houston, Texas
March 27, 2000
|  
Exhibit 32(a), Form 10-Q

Kansas City Life Insurance Company

 

**KANSAS CITY LIFE INSURANCE COMPANY**

**SECTION 906 CERTIFICATION**

Second Quarter 2005

The undersigned certify that the registrant’s Form 10-Q 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(a) or 78o(d)) and that information contained in the report fairly represents, in all material respects, the financial condition and results of operations of the registrant. 

 

 

 

 

/s/R. Philip Bixby  

R. Philip Bixby 

President, Chief Executive Officer, 

and Chairman of the Board 

 

 

 

/s/Tracy W. Knapp  

Tracy W. Knapp 

Senior Vice President, Finance 

Date: August 8, 2005

 

 

 

  |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
##### 



EMPLOYMENT AGREEMENT
 Agreement Company Employee Effective Date Merger Merger Agreement Republic ab initio
  
 Employment Period Employment Period
 Positions and Duties Employment Services Board Board
Services
 Compensation Annual Base Salary




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##### 



Termination of Employment.
 Voluntary Termination/Termination for Cause
 Death/Disability/Termination without Cause provided however Code Interest Cause nolo contendere
 Resignation upon a Termination
 Satisfaction of Obligations under the Prior Agreement th Prior
Agreement Prior Agreement Payment Release
 Office
 Expenses




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##### 



Indemnification
 Sole Consideration Affiliated Entity Affiliated Entities
 Return of Company Property Company Property
 Mutual Nondisparagement
 Confidential Information
 Nonsolicitation
 Noncompetition Competition Competing Business




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##### 



Equitable Remedies
 Assistance with Claims Proceeding
 Arbitration




---



##### 



Miscellaneous Successors and Assigns
 Governing Law
 Withholding
 Amendment
 Notice
 If to the Employee:At the most recent address on file for the Employee at the Company.With a copy to:Donald J. KunzHonigman Miller Schwartz and Cohn LLP660 Woodward Avenue2290 First National BuildingDetroit, MI 48226-3506If to the Company:Citizens Banking CorporationOne Citizens Banking Center328 South Saginaw St.Flint, Michigan 48502Attention: General Counsel and Secretary
  Headings
 Counterparts




---



##### 



Entire Agreement
  CITIZENS BANKING CORPORATIONBy:Name:
Title:Jerry D. Campbell