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this opinion should not be published and is not precedent except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

January 29, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 06-10640

(Summary Calendar)

_____________________

DANIEL FRANK RHODES, 

Plaintiff-Appellee

versus

CITY OF ARLINGTON,

Defendant-Appellant

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

Appeal from the United States District Court 

for the Northern District of Texas 

(3:05-CV-2343)

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

Before SMITH, WIENER, and OWEN, Circuit Judges. 

PER CURIAM:*

In this interlocutory appeal, Defendant-Appellant City of

Arlington (the “City”) contends that the district court erred in

denying the City’s Federal Rule of Civil Procedure 12(b)(6) motion

to dismiss the claim of Plaintiff-Appellee Daniel F. Rhodes for an

alleged tort claim. The City’s motion was grounded in its

assertion of absolute immunity under the Texas Tort Claims Act

(“TTCA”). The City also complains of the district court’s refusal
2

to dismiss Rhodes’s request for declaratory relief regarding

expungement of public records that he alleges to be false by virtue

of the acts of City employees who are implicated in his tort

action. The City also resists Rhodes’s assertion that we lack

appellate jurisdiction to hear this interlocutory appeal of the

order denying the City’s 12(b)(6) motion.

We have now reviewed the record on appeal and the factual and

legal arguments of the parties as set forth in their briefs.

First, for essentially the reasons expressed by the district court,

we agree that we do have appellate jurisdiction to review the

district court’s denial of the City’s dismissal motion. Even

though our jurisprudence makes clear that a municipality is not

entitled to qualified immunity based vicariously on qualified

immunity of its officers, agents, or employees, the same does not

hold true for the direct immunity of a municipality such as that

accorded to them under the TTCA. For purposes of the collateral

order doctrine, the district court’s order declining to dismiss the

City from this suit on the basis of its asserted immunity is

collateral to the merits of the claims advanced by Rhodes against

the City and others. Implicated is the pervasive maxim that

immunity protects not only against liability but against standing

trial as well. 

That said, we decline to write separately to any extent, as

doing so would be unnecessarily redundant: For the reasons stated

and explained fully in the Conclusions and Recommendation of the
3

United States Magistrate Judge, as well as those announced in the

Order of the district court adopting those Conclusions and

Recommendation, we affirm the court’s denial of the City’s motion

to dismiss and return the case for further proceedings there.

AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - 44 CFR Part 64

### CFR Correction

In Title 44 of the Code of Federal Regulations, revised as of October 1, 2006, on page 339, in § 64.4, paragraph (b), in the fourth sentence, remove the words “within the newly-month period,” and add the words “within the newly-acquired area the requirements of § 60.3(b) of this subchapter. During the six month period,” in their place.

[FR Doc. 07-55516 Filed 9-27-07; 8:45 am]

BILLING CODE 1505-01-D
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

RICHARD D. DAVIS,

Petitioner,

vs. CASE NO.: 3:10cv166/MCR/MD 

MICHAEL BABCOCK, et al.,

Respondents.

_______________________/

O R D E R

This cause comes on for considerationupon the magistrate judge's report and

recommendation dated October 18, 2010. The petitioner previously has been

furnished a copy of the report and recommendation and has been afforded an

opportunity to file objections pursuant to Title 28, United States Code, Section

636(b)(1), and I have made a de novo determination of those portions to which an

objection has been made.

Having considered the report and recommendation and all objections thereto

timely filed by the parties, I have determined that the report and recommendation

should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.

2. The “Motion to Dismiss” (doc. 4), construed as a notice of dismissal,

is GRANTED and this case is DISMISSED WITHOUT PREJUDICE.

3. The clerk is directed to close the file.

DONE AND ORDERED this 23rd day of November, 2010.

 s/M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
# C_2009222EN.01000601.xml

| 15.9.2009 | EN | Official Journal of the European Union | C 222/6 |
| --- | --- | --- | --- |

15.9.2009

EN

Official Journal of the European Union

C 222/6

---

Recruitment notice PE/119/S

2009/C 222/04

The European Parliament is organising the following selection procedure:

| — | PE/119/S — Temporary staff — Assistant (AST 1) in the building sector, specialising in carcassing and finishing. |
| --- | --- |

—

PE/119/S — Temporary staff — Assistant (AST 1) in the building sector, specialising in carcassing and finishing.

PE/119/S

This selection procedure requires at least two years’ post-secondary education attested by a diploma in building technology (in the specialist areas of carcassing and finishing)

or

a level of secondary education attested by a diploma giving access to post-secondary education, followed by at least three years’ professional experience in a field relevant to the job description.

No other experience is required.

This recruitment notice is published in French only. The full text is in Official Journal C ... A (French edition).

---
Exhibit 4.1


 


 


 





AMENDMENT
TO


ProtoKinetix,
Incorporated


Amended
2017 Stock Option and Stock Bonus PLAN


 


Section 5(a) of the Plan is hereby amended
as follows:


 


Section
5.Stock Reserved.


(a)            
The stock subject to Awards hereunder shall be shares of Common Stock. Such
shares, in whole or in part, may be authorized but unissued shares or shares that shall have been or that may be reacquired by
the Corporation. The aggregate number of shares of Common Stock that may be issued under the Plan is 85,700,000, subject to adjustment
as provided in Section 8(i) hereof. No adjustment shall decrease the number of shares issuable pursuant to the Plan below the number
of shares of Common Stock that have been issued pursuant to the Plan plus the number of shares of Common Stock underlying outstanding
awards.
# C_2010005EN.01000101.xml

| 9.1.2010 | EN | Official Journal of the European Union | C 5/1 |
| --- | --- | --- | --- |

9.1.2010

EN

Official Journal of the European Union

C 5/1

---

Euro exchange rates (1)

1

8 January 2010

2010/C 5/01

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4273 |
| JPY | Japanese yen | 133,36 |
| DKK | Danish krone | 7,4410 |
| GBP | Pound sterling | 0,89340 |
| SEK | Swedish krona | 10,2255 |
| CHF | Swiss franc | 1,4815 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1695 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,311 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 269,37 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 4,1088 |
| RON | Romanian leu | 4,1655 |
| TRY | Turkish lira | 2,1030 |
| AUD | Australian dollar | 1,5610 |
| CAD | Canadian dollar | 1,4781 |
| HKD | Hong Kong dollar | 11,0699 |
| NZD | New Zealand dollar | 1,9566 |
| SGD | Singapore dollar | 1,9967 |
| KRW | South Korean won | 1 614,01 |
| ZAR | South African rand | 10,6250 |
| CNY | Chinese yuan renminbi | 9,7449 |
| HRK | Croatian kuna | 7,2738 |
| IDR | Indonesian rupiah | 13 271,75 |
| MYR | Malaysian ringgit | 4,8207 |
| PHP | Philippine peso | 65,386 |
| RUB | Russian rouble | 42,5000 |
| THB | Thai baht | 47,329 |
| BRL | Brazilian real | 2,4932 |
| MXN | Mexican peso | 18,1966 |
| INR | Indian rupee | 65,3100 |

Currency

Exchange rate

USD

US dollar

1,4273

JPY

Japanese yen

133,36

DKK

Danish krone

7,4410

GBP

Pound sterling

0,89340

SEK

Swedish krona

10,2255

CHF

Swiss franc

1,4815

ISK

Iceland króna

NOK

Norwegian krone

8,1695

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,311

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

269,37

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

4,1088

RON

Romanian leu

4,1655

TRY

Turkish lira

2,1030

AUD

Australian dollar

1,5610

CAD

Canadian dollar

1,4781

HKD

Hong Kong dollar

11,0699

NZD

New Zealand dollar

1,9566

SGD

Singapore dollar

1,9967

KRW

South Korean won

1 614,01

ZAR

South African rand

10,6250

CNY

Chinese yuan renminbi

9,7449

HRK

Croatian kuna

7,2738

IDR

Indonesian rupiah

13 271,75

MYR

Malaysian ringgit

4,8207

PHP

Philippine peso

65,386

RUB

Russian rouble

42,5000

THB

Thai baht

47,329

BRL

Brazilian real

2,4932

MXN

Mexican peso

18,1966

INR

Indian rupee

65,3100

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
#### JENKINS v. THEATRES, INC.

No. 194 PC.

Case below: 41 N.C. App. 262.

Petition by defendant for discretionary review under G.S. 7A-31 denied 30 July 1979.
Form 52-109FT1  Certification of Annual Filings during Transition Period









I, Gordon Steblin, CFO of CanAlaska Ventures Ltd certify that:



1.

I have reviewed the annual filings (as this term is defined in Multilateral Instrument 52-109 Certification of Disclosure in Issuers Annual and Interim Filings) of CanAlaska Ventures Ltd for the period ending April 30, 2005;



2.

Based on my knowledge, the annual filings do not contain any untrue statement of a material fact or omit to state a material fact required to be stated or that is necessary to make a statement not misleading in light of the circumstances under which it was made, with respect to the period covered by the annual filings; and



3.

Based on my knowledge, the annual financial statements together with the other financial information included in the annual filings fairly present in all material respects the financial condition, results of operations and cash flows of the issuer, as of the date and for the periods presented in the annual filings.





DATED:

August 19, 2005















Per:

Gordon Steblin





Gordon Steblin



Chief Financial Officer









1
Exhibit 32.1







CERTIFICATION PURSUANT TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the quarterly report of Caribbean Villa Catering Corporation (the "Company") on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange


Commission (the "Report"), I, Robert Seeley, President (principal executive officer) and Virgilio Santana Ripoll, Chief Financial Officer (principal financial and accounting officer) of the Company, each certify, pursuant to 18 U.S.C. SS. 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.








August 10, 2009





/s/ Robert Seeley


Robert Seeley, President,


principal executive officer








/s/ Virgilio Santana Ripoll


Virgilio Santana Ripoll, Chief Financial Officer


principal financial and accounting officer












A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CURTISS JEMISON

#P03564, 

 Plaintiff,

vs. Case No. 3:10cv266/MCR/EMT

CMDR. HEMPHILL, et al.

 Defendants.

 /

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated July 28, 2010. (Doc. 5). Plaintiff has been furnished a copy of the

Report and Recommendation and has been afforded an opportunity to file objections

pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo

determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto

timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

2. This action is DISMISSED without prejudice pursuant to 28 U.S.C.

§ 1915(e)(2)(B) as malicious.

DONE AND ORDERED this 18th day of August, 2010.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ANDREW A. SAPP,

Plaintiff,

v. CASE NO. 4:10cv420-RH/WCS

STATE OF FLORIDA

DISBURSEMENT UNIT,

Defendant.

____________________________________/

ORDER OF DISMISSAL

This case is before the court on the magistrate judge’s report and

recommendation, ECF No. 7, and the “motion for reconsideration,” ECF No. 8. 

The magistrate judge denied the motion for reconsideration. No objections to the

report and recommendation have been filed, but I treat the issues raised by the

motion for reconsideration as if they had been set out in objections, and I consider

those issues de novo. Upon consideration,

IT IS ORDERED:

The report and recommendation is ACCEPTED and adopted as the court’s

opinion. The clerk must enter judgment stating, “This case is dismissed without
Page 2 of 2

Case No: 4:10cv420-RH/WCS

prejudice for lack of federal jurisdiction.” The clerk must close the file. 

SO ORDERED on November 9, 2010.

s/Robert L. Hinkle 

United States District Judge
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO. 1:09-cr-27-SPM/AK-1

SCOTT TERRY KRAVATZ,

 

Defendant.

 /

ORDER ADOPTING REPORT AND RECOMMENDATION

Pursuant to the Report and Recommendation (doc. 24) of the United States

Magistrate Judge, to which there have been no timely objections, the plea of guilty of

the Defendant, SCOTT TERRY KRAVATZ, to Count One of the Information is hereby

ACCEPTED. All parties shall appear before this Court for sentencing as directed.

DONE AND ORDERED this twenty-ninth day of October, 2009.

s/ Stephan P. Mickle

Stephan P. Mickle

Chief United States District Judge
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Transportation Safety Board

*Time and Date:*                     9:30 a.m., Tuesday, December 4, 2007.                

*Place:*                     NTSB Conference Center, 429 L'Enfant Plaza SW., Washington, DC 20594.                

*Status:*                     The two items are open to the public.                

*Matters to be Considered:*

7772A Aircraft Accident Report—Inflight Cargo Fire, United Parcel Service Company Flight 1307, McDonnell Douglas DC-8-71F, N748UP, Philadelphia, Pennsylvania, February 7, 2006.

7949 Highway Accident Brief and Safety Recommendation Letters—Rear-End Chain Reaction Collision, Interstate 94 East, Near Chelsea, Michigan, July 16, 2004.

*News Media Contact:*                     Telephone (202) 314-6100.                

Individuals requesting specific accommodations should contact Chris Bisett at (202) 314-6305 by Friday, November 30, 2007.

                    The public may view the meeting via a live or archived Webcast by accessing a link under “News & Events” on the NTSB home page at                     *http://www.ntsb.gov*.                

*For Further Information Contact:*                     Vicky D'Onofrio, (202) 314-6410.                

Dated: November 23, 2007.

Candi R. Bing, 

Federal Register Liaison Officer.

[FR Doc. 07-5871 Filed 11-27-07; 8:45 am]

BILLING CODE 7533-01-M
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEFFREY ANDERSON,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 84 EAL 2019

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23rd day of July, 2019

, the Petition for Allowance of Appeal is

DENIED

.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Credit Union Administration

# FOR FURTHER INFORMATION CONTACT:

Mary Rupp, Secretary of the Board, Telephone: 703-518-6304.

Mary Rupp,

Secretary of the Board.

[FR Doc. 07-5650 Filed 11-8-07; 3:11 pm]

BILLING CODE 7535-01-M
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 quarterly report on Form 10-Q of Southwest Iowa Renewable Energy, LLC (the “Company”) for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Karen L. Kroymann, Principal 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, as amended; and





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








/s/ Karen L. Kroymann


Controller and Principal Financial Officer


Dated: August 6, 2010
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Annual Report of AEI Income & Growth Fund
XXII Limited Partnership (the "Partnership") on Form 10-K for the
period ended December 31, 2008, as filed with the Securities  and
Exchange  Commission  on  the  date hereof  (the  "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XXI,  Inc., the Managing General Partner of the Partnership,  and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XXI,  Inc., each certify, pursuant to 18 U.S.C. 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 results of operations of the Partnership.


                          /s/ Robert P Johnson
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              March 26, 2009



                          /s/ Patrick W Keene
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              March 26, 2009