alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable William R. Wilson, Jr., United States District Judge for the

Eastern District of Arkansas, adopting the report and recommendation of the Honorable

Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of

Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-3834

___________

Christopher D. Laughlin, *

 *

Appellant, *

 *

v. * Appeal from the United States

 * District Court for the

Larry B. Norris, Director, Arkansas * Eastern District of Arkansas 

Department of Correction; Bill *

Terry, CO-3, Arkansas Department of * [UNPUBLISHED]

Correction; A.J. Hall, CO-5, Arkansas *

Department of Correction, *

 *

Appellees. *

___________

 Submitted: March 25, 1999

 Filed: May 17, 1999

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. 

___________

PER CURIAM.

Christopher D. Laughlin appeals from an order entered in the District Court1

 for

the Eastern District of Arkansas. In his 42 U.S.C. § 1983 complaint, Laughlin claimed
-2-

an Arkansas Department of Correction grooming policy violated his First Amendment

free exercise rights and the Religious Freedom Restoration Act (RFRA), 42 U.S.C.

§§ 2000bb to 2000bb-4. He sought preliminary and permanent injunctive relief. The

district court dismissed Laughlin’s RFRA claim and denied his request for a

preliminary injunction. 

On appeal, Laughlin argues the merits of his free exercise claim. Because the

order from which Laughlin appeals did not dispose of that claim, it is not before us. See

Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991) (order dismissing fewer than all

claims in pending action is not final appealable order). However, we have jurisdiction

over the district court’s denial of preliminary injunctive relief. See 28 U.S.C.

§ 1292(a)(1). We conclude the court did not abuse its discretion by denying Laughlin

injunctive relief. See United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1179 (8th Cir.

1998) (standard of review). Laughlin could not demonstrate a probability of

succeeding on the merits. See Dataphase Sys., Inc. v. C.L. Sys., Inc., 640 F.2d 109,

114 (8th Cir. 1981) (en banc) (probability of success on merits should be considered

when movant requests preliminary injunction). We have consistently concluded that

prison grooming policies similar to the present one are reasonably related to legitimate

security concerns that outweigh inmates’ free exercise rights. See Hamilton v. Schriro,

74 F.3d 1545, 1550-51 (8th Cir.), cert. denied, 519 U.S. 874 (1996); Iron Eyes v.

Henry, 907 F.2d 810, 814-16 (8th Cir. 1990).

Accordingly, we affirm the denial of Laughlin’s request for preliminary

injunctive relief. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002 The undersigned, Kenneth T. Coviello, the Chief Executive Officer of
                     VYCOR MEDICAL. INC. (the "Company"), DOES HEREBY CERTIFY that: 1. The Company's Quarterly Report on Form 10-Q for the quarter ended
                     September 30, 2010 (the "Report"), fully complies with the
                     requirements of Section 13(a) of the Securities Exchange Act of
                     1934; and 2. Information contained in the Report fairly presents, in all
                     material respects, the financial condition and results of operation
                     of the Company. IN WITNESS WHEREOF, the undersigned has executed this statement this
                     15th day of November 2010. /s/Kenneth T. Coviello-------------------Kenneth T. CovielloPrincipal Executive Officer A signed original of this written statement required by Section 906
                     has been provided to Vycor Medical, Inc. and will be retained by
                     Vycor Medical, Inc. and furnished to the Securities and Exchange
                     Commission or its staff upon request.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. CASE NO. 4:10-CR-41-SPM/WCS-1

MICHAEL ANDERSON,

Defendant.

_____________________________/

ORDER OF REFERENCE FOR PLEA PROCEEDINGS BEFORE A

UNITED STATES MAGISTRATE JUDGE

The Court has been informed that the Defendant in the above-styled case

wishes to enter a guilty plea and consents to having the guilty plea proceedings

conducted by a United States Magistrate Judge. Pursuant to the provisions of

28 U.S.C. § 636(b)(3) and N.D. Fla. Loc. R. 72.3, it is hereby

ORDERED AND ADJUDGED that the above-captioned criminal case, be

referred to the Honorable William C. Sherrill, Jr., United States Magistrate Judge,

to conduct all proceedings required by Rule 11 of the Federal Rules of Criminal

Procedure incident to a guilty plea and to make a recommendation to the

undersigned concerning acceptance or rejection of the guilty plea.

DONE AND ORDERED this seventeenth day of November, 2010.

s/ Stephan P. Mickle

Stephan P. Mickle

Chief United States District Judge
OFFICE OF THE ATTORNEYGENERAL OF TEXAS AUSTIN

Banorrblr NorperQarrimn, Director Depertment of Publlo Safety ~Casip Habry A\lk tin, Texas Dsar Sir:

Thir will aokn quest for our opinion aa of your reebnt rehe psclrege of s4ot~on 9 oond Lsgialature, otlon 0, V*rnon’a rtnent 

### rendera an ittsn 

### by hrsletaat Attorn4y ng that the wordr 

### *approved, 4 

### stamped upon the gleer, of the refleotor. ,,,&~yQl44?Nqy$dt of the statute cited reada a8

You @tata that einee the opinion of Hr. Christopher was wrttten, the UPB;of button type reflectora hat beoome prevrlemt end that it would be imooaeible to plaoe the ep-,

Honorable Horn=== &rrison, page 2
proval on the glass of this kind of reflector. Under thee4 olro~etaEee you ask whethnr it would b4 permiseIbl4 tor the approval of reflectors to be stemped on th4 **metal** flange of the refleotor instead of the glass.

-.

-. Since assignment of your opinion request, wehave

had ooceelon to examine descriptive literature of th4 various types of refleotore and to fnepeot several of them. **80144** manufacturers of button refleotore have enao,eed the glare In frar48 so eubetantIally madeIt appears~Impoeeible that the glass part be removed, exoept by breaking the glare or destroying th4 

### frme. If the refleotore otherwise **meet** the 

### testsof the Texas Highway Departm4nt, we eee no good reason why the foregolng provlelon of the **statute** would prevent the approval being etaeqed on the 

### metalflan rather than on ths glass Itself. P The intent of the egle**latura** was doubtleas to prevent the 8819 **and** us4 of Inferior and inadsquete rsfleotore. The proteotion end safe;; of the traveling public wee the paramount oonelderatlon. the glaee be firmly etteched to the metal flango or other dsvioe, wur4apeatfully advlae you that the matter of the plaoa where the words of aporovel er4 to b4 stamped nets within the sound disoratlon of the depertment r4eponslbls for thclr approval, but the words ,indlo

Vinmly

l ffSxed*30 soa% part 0 #ting euoh ap?roval .ë ~ìíî must ,be th~~‘reflector. To the extent stat4d., Xr. Chrletophrr’s opinion **lo** reepaotfully **ovsrrulea.** Yours very truly ATTORNEI?

GENERAL

OFTEXAS

TM:50 APPRCVED

NOV1, 1940 Q-erald G. Mann/e/ ATTCBNEY

O!WEiALOFTEXASBY BeiJamin Voodall /e/ Ben Jamln 

### Yoodrll kssletant

APPROVED

0PIX;ION CW4ITTEE Byfb:’ NW-B Chairman
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

JIMMY EDWARD GATLIN,

Petitioner,

v. Case No. 3:10cv386/MCR/MD

SAM CULPEPPER,

Respondent.

 

O R D E R

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

recommendation dated August 12, 2011. The petitioner 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). No objections

have been filed. 

Having considered the report and recommendation and the record of this

case, 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 petition for writ of habeas corpus (doc. 1) is DENIED.

3. The clerk is directed to close this file.

4. A certificate of appealability is DENIED.

DONE AND ORDERED this 21st day of September, 2011.

s/ M. Casey Rodgers

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:10-cv-00386-MCR-MD Document 24 Filed 09/22/11 Page 1 of 1
# C_2009044EN.01000101.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/1 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/1

---

(2009/C 44/01)

Last publication of the Court of Justice in the Official Journal of the European Union

Official Journal of the European Union

OJ C 32, 7.2.2009

OJ C 32, 7.2.2009

Past publications

OJ C 19, 24.1.2009

OJ C 6, 10.1.2009

OJ C 327, 20.12.2008

OJ C 313, 6.12.2008

OJ C 301, 22.11.2008

OJ C 285, 8.11.2008

These texts are available on:

| | EUR-Lex: http://eur-lex.europa.eu |
| --- | --- |

EUR-Lex: http://eur-lex.europa.eu

---
EXHIBIT 32.1

                           CERTIFICATIONS 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 amended quarterly report of Pickford Minerals, Inc. on
Form  10-Q for the quarter ended March 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Fidel Thomas, President,
Chief  Executive  Officer,  Chief  Financial  Officer  and  Principal Accounting
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.




Date: April 10, 2008                          By: /s/ Fidel Thomas
                                              Fidel Thomas
                                              President, Chief Executive Officer
                                              Chief Financial Officer, and
                                              Principal Accounting Officer
# C_2010196EN.01001401.xml

| 20.7.2010 | EN | Official Journal of the European Union | C 196/14 |
| --- | --- | --- | --- |

20.7.2010

EN

Official Journal of the European Union

C 196/14

---

NOTICE OF OPEN COMPETITIONS

2010/C 196/07

The European Personnel Selection Office (EPSO) is organising the following open competitions:

EPSO/AD/188/10 (AD 5) and EPSO/AD/189/10 (AD 7)

EPSO/AD/188/10 (AD 5)

EPSO/AD/189/10 (AD 7)

| — | interpreters for Bulgarian (BG) |
| --- | --- |

—

interpreters for Bulgarian (BG)

| — | English-language (EN) interpreters |
| --- | --- |

—

English-language (EN) interpreters

| — | Dutch-language (NL) interpreters |
| --- | --- |

—

Dutch-language (NL) interpreters

| — | interpreters for Romanian (RO) |
| --- | --- |

—

interpreters for Romanian (RO)

| — | interpreters for Slovenian (SL) |
| --- | --- |

—

interpreters for Slovenian (SL)

The competition notice is published in Official Journal C 196 A of 20 July 2010 in Bulgarian, English, Dutch, Romanian and Slovenian only.

Further details can be found on the EPSO website: http://eu-careers.eu

---
EXHIBIT 32


                                CERTIFICATION OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


     Pursuant to 18 U.S.C. Sec.1350, the undersigned, Richard Frockt, who is the
President of Lincoln International Corporation (the "Company"), and Kenneth S.
Berryman, who is the Treasurer of the Company, hereby certify that the Company's
Quarterly Report on Form 10-Q for the quarter ended April 30, 2004, (the
"Report") fully complies with the requirements of Sec.13(a) or Sec.15(d) as
applicable, of the Securities Act of 1934 and that the information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.



                                                  /s/ RICHARD FROCKT
                                                  __________________________
                                                  Name:  Richard Frockt
                                                  Title: President
                                                  Date:  July 21, 2004



                                                  /s/ KENNETH S. BERRYMAN
                                                  __________________________
                                                  Name:  Kenneth S. Berryman
                                                  Title: Treasurer
                                                  Date:  July 21, 2004
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA,

 

vs. 3:10cr37/MCR

DAVARIUS C. JAMES,

 Defendant.

_____________________________________________________________________

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The defendant, by consent, has appeared before me pursuant to Rule 11,

Fed.R.Crim.P., and has entered a plea of guilty to the five count indictment against

him. After cautioning and examining the defendant under oath concerning the

subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable

and voluntary, and that the offense charged is supported by an independent basis

in fact containing each of the essential elements of such offense. I therefore

recommend that the plea of guiltybe accepted and that the defendant be adjudicated

guilty and have sentence imposed accordingly.

Dated: April 19, 2010

 /s/ Miles Davis

MILES DAVIS

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed

within 24 hours after being served a copy thereof. Any different deadline that may

appear on the electronic docket is for the court’s internal use only, and does not

control. A copy of objections shall be served upon all other parties. Failure to

object may limit the scope of appellate review of factual findings. See 28 U.S.C. §

636; United States v. Roberts, 858 F.2d 698, 701 (11 Cir. 1988). th
[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Page 63580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5631]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

Date & Time: Wednesday, November 14, 2007 at 10 a.m.

Place: 999 E Street, NW., Washington, DC.

Status: This meeting will be closed to the public.

Items To Be Discussed

    Compliance matters pursuant to 2 U.S.C. 437g.
    Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, 
U.S.C.
    Matters concerning participation in civil actions or proceedings or 
arbitration.
    Internal personnel rules and procedures or matters affecting a 
particular employee.
* * * * *

Date & Time: Thursday, November 15, 2007 at 10 a.m.

Place: 999 E Street, NW., Washington, DC.

Status: This hearing will be open to the public.

Matters Before the Commission

    Notice of proposed rulemaking for candidate travel.

Date & Time: Thursday, November 15, 2007, Open Meeting to be held at 
the conclusion of the hearing.

Place: 999 E Street, NW., Washington, DC (Ninth Floor).

Status: This meeting will be open to the public.

Items To Be Discussed

    Correction and Approval of Minutes.
    Advisory Opinion 2007-19: Renaissance Health Service Corporation, 
by counsel, Timothy Sawyer Knowlton.
    Agency Strategic Plan FY 2008-2013.
    Management and Administrative Matters.

Person to Contact for Information: Mr. Robert Biersack, Press Officer, 
Telephone: (202) 694-1220.

Mary W. Dove,
Secretary of the Commission.
[FR Doc. 07-5631 Filed 11-7-07; 12:43 pm]
BILLING CODE 6715-01-M
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

TAMMY ARRANT,

Plaintiff,

v. Case No. 3:10cv481/MCR/EMT

AT&T UMBRELLA BENEFIT

PLAN NO. 1,

Defendant.

________________________________/

O R D E R

Plaintiff, Tammy Arrant, has filed the current action against Defendant, AT&T

Umbrella Benefit Plan No. 1, under the Employee Retirement Income Security Act, 29

U.S.C. § 1001, et seq. (See doc. 1). In their Joint Planning Meeting Report, the parties

agree the arbitrary and capricious standard of review applies to plaintiff’s claim; however,

they also agree that limited discovery is permissible in this action and have requested six

months for discovery. (See doc. 15). Such a lengthy discovery period is inconsistent with

an arbitrary and capricious standard of review. Accordingly, the parties are directed to file

memoranda addressing the applicable standard of review and whether any discovery is

necessary. Such memoranda must be submitted on or before June 3, 2011. All further

proceedings are stayed pending the court’s determination of the appropriate standard of

review.

ORDERED on this 19th day of May, 2011.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:10-cv-00481-MCR-EMT Document 16 Filed 05/19/11 Page 1 of 1
August 29, 2014







B/E Aerospace, Inc.


1400 Corporate Center Drive


Wellington, FL  33414







Dear Sirs:







Reference is made to the Amended and Restated Employment Agreement between me and B/E Aerospace, Inc., a Delaware corporation (the “Company”), dated July 29, 2013 (the “Agreement”). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.  In consideration of the mutual promises hereinafter set forth, and for other good and valuable consideration, I and the Company agree to modify the Agreement in the manner set forth below.







I hereby agree, effective as of the date hereof, to waive my rights to any Gross-Up Payment relating to the application of Sections 280G and 4999 of the Code pursuant to Section 5(h) of the Agreement and to the application of Section 409A of the Code pursuant to Section 14 of the Agreement.  This waiver is voluntary. In addition, I and the Company hereby agree that, in the event that I become subject to Excise Tax under Section 4999 of the Code, the Company will reduce the applicable payments (but not below zero) to the greatest amount which may be paid without me becoming subject to the Excise Tax, but only to the extent that the reduced amount would provide me with a greater after-tax benefit than an unreduced payment that would be subject to the Excise Tax.







Except as specified above, this letter does not affect any other terms of the Agreement, which remains in full force and effect.













	 	Very truly yours,	 
	 	 	 
	 	 	 
	 	 	 
	
  

	/s/ Thomas P. McCaffrey	 
	 	

Thomas P. McCaffrey



	 







 


 



	BE AEROSPACE, INC.	 	 
	 	 	 
	 	 	 
	/s/ Stephen Swisher	 	 
	
Stephen Swisher

	 	 
	Vice President - Finance and Controller
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RANDY PONCE AND MOBILITY

EXPERTS, LLC

,

Appellant s

,

v.

TBF FINANCIAL, LLC

,

Appellee

. **§**

**§**

**§**

**§**

**§**

**§** No. 08

- 21

- 00 111

- C V

Appeal from the

County Court at Law No. 6

of El Paso C ounty, Texas

(TC# 2020 DC V2776 )

O R D E R

Appellant has filed a motion to abate this appeal. The Court finds good cause to grant this

abatement. Therefore, we ORDER this appeal to be abated until October 18, 2021

. The appellate

timetable will be suspended during the abatement. The parties are directed to notify the Court whether the

dispute has been resolved and to file the motion necessary to dispose of the appeal. See TEX.R.APP.P.

42.1(a)(1), (2). If the parties are unsuccessful in resolving the appeal by agreement, the appeal will be

reinstated and the record w ill be due 3 0 days from the date of the reinstatement order.

I T IS SO ORDERED this 2 4 th day of August , 20 2 1

.

PER CURIAM

Before Rodriguez , C.J., Palafox and Alley , JJ.
EXHIBIT 99.2

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

The undersigned officer of eChapman Inc.(the "Company"), hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and in connection with this Annual Report on Form
10-K for the year ended December 31, 2002 (the "Report), that, to such officer's
knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d),
as applicable, 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 result of operations of the Company.

Dated: March 31, 2003



        /s/  Lynn Ballard
        ---------------------------
        Lynn Ballard, Acting Chief Financial Officer
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA,

 

vs. 3:10cr106/MCR 

DONALD LESTER,

 Defendant.

_____________________________________________________________________

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The defendant, by consent, has appeared before me pursuant to Rule 11,

Fed.R.Crim.P., and has entered a plea of guilty to the one count indictment against

him. After cautioning and examining the defendant under oath concerning the

subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable

and voluntary, and that the offense charged is supported by an independent basis

in fact containing each of the essential elements of such offense. I therefore

recommend that the plea of guiltybe accepted and that the defendant be adjudicated

guilty and have sentence imposed accordingly.

Dated: November 29, 2010

 /s/ Miles Davis

MILES DAVIS

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed

within 24 hours after being served a copy thereof. Any different deadline that may

appear on the electronic docket is for the court’s internal use only, and does not

control. A copy of objections shall be served upon all other parties. Failure to

object may limit the scope of appellate review of factual findings. See 28 U.S.C. §

636; United States v. Roberts, 858 F.2d 698, 701 (11 Cir. 1988). th