alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 2196

MAJOR MIKE WEBB , Plaintiff

- Appellant ,

v. BRYAN PORTER, From the Circuit Court for the City of Alexandria , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Claude M. Hilton, Senior District Judge. ( 1:23

- cv - 01346

- CMH

- IDD )

Submitted : April 18 , 2024 Decided: April 19, 2024

Before WILKINSON, NIEMEYER , and THACKER , Circuit Judges

.

Dismissed by un published per curiam opinion

.
Major Mike Webb, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-2196 Doc: 10 Filed: 04/19/2024 Pg: 1 of 22 PER CURIAM: Major Mike Webb seeks to appeal the district court’s order denying his application for leave to proceed in forma pauperis. The denial of leave to proceed in forma pauperis is an immediately appealable ruling. Roberts v. U.S. Dist. Ct. for the N. Dist. of Cal. , 339 U.S. 844, 845 (1950). Because Webb recently paid the filing fee in full, however, his appeal of the denial of in forma pauperis status is now moot. See Holloway v. City of Va.
Beach , 42 F.4th 266, 273 (4th Cir. 2022) (“A dispute is moot, depri ving federal courts of jurisdiction to decide it, when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.” (internal quotation marks omitted)). Accordingly, we dismiss the appeal for lack of jurisdiction. 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.
DISMISSED USCA4 Appeal: 23-2196 Doc: 10 Filed: 04/19/2024 Pg: 2 of 2
##### 



EXHIBIT 10.1

CONCORD EFS, INC.
1993 INCENTIVE STOCK OPTION PLAN
(Second 1999 Restatement)

2000 Amendment

Pursuant to the provisions of Section 20 of the Concord EFS, Inc. 1993
Incentive Stock Option Plan, the Compensation Committee of the Board of
Directors of Concord EFS, Inc. hereby causes Section 11(b) of said Plan to be
amended, effective November 16, 2000, to read as follows:

(b)  Terms of Formula Options. Each Formula Option granted to an Optionee
under this Section 18 shall (i) have an exercise price equal to 100% of the
Fair Market Value of the Stock on the applicable Formula Grant Date, and (ii)
become exercisable as to one-half of the shares covered thereby on the date of
the next succeeding annual stockholders meeting and as to the remaining
one-half on the date of the second succeeding stockholders meeting, but only if
the Optionee remains a director of the Company on each such date. No Formula
Option granted pursuant to this Section 11 is intended to qualify as an
incentive stock option within the meaning of Section 422 of the Code. The
Formula Grants shall be evidenced by Option Agreements. Option Agreements
shall contain provisions consistent with this Section 11 and shall contain
identical terms and conditions, except as otherwise required by this Section
11.

In witness whereof, the Committee has caused this 2000 Amendment to be
executed and delivered on November 16, 2000.



| |  |                                             
| |  | --------------------------------------------
| |  | /s/ Douglas C. AltenbernDouglas C. Altenbern
|
| |  |                                             
|
| |  | /s/ Jerry D. MooneyJerry D. Mooney          
|
| |  |                                             
|
| |  | /s/ Paul L. WhittingtonPaul L. Whittington
**EXHIBIT 99**

 

REPORTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

Board of Directors

Tower Bancorp, Inc.

Greencastle, Pennsylvania

 

Wehave reviewed the accompanying condensed consolidated balance sheet of TowerBancorp, Inc. and Subsidiary as of September 30, 2005 and the relatedcondensed consolidated statements of income for the three and nine monthperiods ended September 30, 2005 and 2004, and condensed consolidatedstatements of comprehensive income and cash flows for the nine month periodsended September 30, 2005 and 2004. These financial statements are the responsibility of the corporation’smanagement.

 

Weconducted our reviews in accordance with the standards of the Public CompanyAccounting Oversight Board (United States). A review of interim financial information consists principally ofapplying analytical procedures and making inquiries of persons responsible forfinancial and accounting matters.  It issubstantially less in scope than an audit conducted in accordance with thestandards of the Public Company Accounting Oversight Board (United States), theobjective of which is the expression of an opinion regarding the condensed consolidatedfinancial statements taken as a whole. Accordingly, we do not express such an opinion.

 

Basedon our reviews, we are not aware of any material modifications that should bemade to the accompanying interim financial statements referred to above forthem to be in conformity with accounting principles generally accepted in theUnited States of America.

 

Wehave previously audited, in accordance with auditing standards of the PublicCompany Accounting Oversight Board (United States), the consolidated balancesheet of Tower Bancorp, Inc. and Subsidiary as of December 31, 2004,and the related consolidated statements of income, changes in stockholders’equity, and cash flows for the year then ended (not presented herein); and inour report dated January 18, 2005, we expressed an unqualified opinion onthose financial statements.  In ouropinion, the information set forth in the accompanying condensed consolidatedbalance sheet as of December 31, 2004, is fairly stated, in all materialrespects, in relation to the balance sheet from which it has been derived.

 
|   | /s/ Smith Elliott Kearns & Company, LLC   |   |
|--------|----------------------------------------------------|--------|
|   |                                               |
|   |  SMITH ELLIOTT KEARNS & COMPANY, LLC |

#  

 

# Chambersburg, Pennsylvania

October 27,2005

 

----
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON



### O RDER

Appellate case name: Jose Juan Cardenas v. State of Texas

Appellate case number: 01

- 11

- 0 1123

- C R

Trial court case number: 1309968

Trial court: 184 th District Court of Harris County

This case was submitted without oral argument on November 6, 2012. In his
brief, a ppellant Jose Juan Cardenas challenged the sufficiency of the evidence to support the trial court’s assessment of court costs in the amount of $294, when no bill of costs appears in the record despite his specific, written request for its inclusion. See T EX

. R.

A PP

. P. 34.5(b). “A court of appeals must not affirm or reverse a judgment or dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities.” T EX

. R. A PP

. P. 44.3.

Pursuant to Texas Rule s of Appellate Procedure 34.5(c) and 44.3 , the trial court

clerk is ordered to prepare, certify, and file a supplemental record containing a bill of costs. If no bill of costs currently exists, the trial court clerk or an officer of the court is

ordered to prepare a bill of costs for inclusion in the supplemental record. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 103.006 (West 20 0 1) (“ If a criminal action or proceeding . . . is appealed, an officer of the court shall certify and sign a bill of costs stating the costs

that have accrued and send the bill of costs to the court to which the action . . . is . . . appealed.” ).

The supplemental clerk’s record shall be filed in the First Court of Appeals no later than December 20 , 2012

.

Judge’s signatu re: /s/ Justice Massengale

Acting for the court

Panel consists of Justices Keyes, Massengale, and Brown.

Date: December 10, 2012
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 China Fruits Corporation (the "Company") on Form 10-K for the year ended December 31, 2010 as filed
with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated
below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to my knowledge:

| | 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 Company.





Date: April 12, 2011	By: /s/ Li, Lin Feng

Li, Lin Feng

Chief
Financial Officer
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-23-00167-CV

___________________________

On Appeal from the 236th District Court

Tarrant County, Texas

Trial Court No. 236-333903-22

Before Kerr, Birdwell, and Bassel, JJ.

Memorandum Opinion by Justice Kerr

SHOPS AT BROAD, LLC, Appellant

V.

TREZ SHOPS AT BROAD LP, TREZ FORMAN CAPITAL FLORIDA FUNDING,

LLC, AND TREZ CAPITAL (FLORIDA) CORPORATION, Appellees
2

MEMORANDUM OPINION

Shops at Broad, LLC attempts to appeal from the trial court’s April 11, 2023 

“Order Granting Defendants/Counter-Plaintiffs/Third-Party Plaintiffs’ Motion to 

Release Funds Held in the Court’s Registry.” We notified Shops at Broad of our

concern that we lacked jurisdiction over this appeal because that order did not appear 

to be a final judgment or appealable interlocutory order. We warned that unless any 

party to the appeal filed a response within ten days showing grounds for continuing 

the appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P.

42.3(a), 44.3. Ten days have passed, and we have received no response.

Our appellate jurisdiction is limited to appeals from final judgments and from 

interlocutory orders made immediately appealable by statute. See Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because this order is neither and because there 

is no final judgment in this case, we dismiss the appeal for want of jurisdiction.1 See

Tex. R. App. P. 42.3(a), 43.2(f); 3-T Expl., Inc. v. Greyfox Energy Partners LP, No. 2-06-

424-CV, 2007 WL 174467, at *1 (Tex. App.—Fort Worth Jan. 25, 2007, no pet.)

(mem. op.).

/s/ Elizabeth Kerr

Elizabeth Kerr

Justice

Delivered: June 29, 2023

1

We deny all pending motions as moot.
I

106TH CONGRESS

2D SESSION S. 2019

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 2000

Referred to the Committee on the Judiciary

AN ACT

For the relief of Malia Miller.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 2019 RFH

1 SECTION 1. PERMANENT RESIDENT STATUS FOR MALIA

2 MILLER.

3 (a) IN GENERAL.—Notwithstanding subsections (a)

4 and (b) of section 201 of the Immigration and Nationality

5 Act, Malia Miller shall be eligible for issuance of an immi6 grant visa or for adjustment of status to that of an alien

7 lawfully admitted for permanent residence upon filing an

8 application for issuance of an immigrant visa under sec9 tion 204 of such Act or for adjustment of status to lawful

10 permanent resident.

11 (b) ADJUSTMENT OF STATUS.—If Malia Miller enters

12 the United States before the filing deadline specified in

13 subsection (c), she shall be considered to have entered and

14 remained lawfully and shall, if otherwise eligible, be eligi15 ble for adjustment of status under section 245 of the Im16 migration and Nationality Act as of the date of enactment

17 of this Act.

18 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

19 FEES.—Subsections (a) and (b) shall apply only if the ap20 plication for issuance of an immigrant visa or the applica21 tion for adjustment of status are filed with appropriate

22 fees within 2 years after the date of enactment of this

23 Act.

24 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

25 Upon the granting of an immigrant visa or permanent res26 idence to Malia Miller, the Secretary of State shall in-
3

S 2019 RFH

1 struct the proper officer to reduce by one, during the cur2 rent or next following fiscal year, the total number of im3 migrant visas that are made available to natives of the

4 country of the alien’s birth under section 203(a) of the

5 Immigration and Nationality Act or, if applicable, the

6 total number of immigrant visas that are made available

7 to natives of the country of the alien’s birth under section

8 202(e) of such Act.

Passed the Senate September 28 (legislative day,

September 22), 2000.

Attest: GARY SISCO,

Secretary.
[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Page 23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10271]


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

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Trade Adjustment Assistance for Farmers

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice.

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

    The Administrator, Foreign Agricultural Service (FAS), today 
accepted a petition, and began a review of a petition, for trade 
adjustment assistance by the Maine Lobstermen's Association on behalf 
of U.S. fishermen who catch and market live lobsters (Homarus 
americanus). The Administrator will determine within 40 days whether or 
not increasing imports of live lobsters (Homarus americanus) 
contributed importantly to a greater than 15 percent decrease in the 
value of production of lobsters compared to the average of the 3 
preceding marketing years. If a determination is affirmative, U.S. 
fishermen who catch and market live lobsters (Homarus americanus) will 
be eligible to apply to the Farm Service Agency for technical 
assistance at no cost and cash benefits.

FOR FURTHER INFORMATION CONTACT: Trade Adjustment Assistance Staff, 
FAS, USDA, at (202) 720-0638, or by e-mail at: 
<a href="/cdn-cgi/l/email-protection#87f3f5e6e3e2e6e3edf2f4f3eae2e9f3c7e1e6f4a9f2f4e3e6a9e0e8f1"><span class="__cf_email__" data-cfemail="06727467626367626c7375726b63687246606775287375626728616970">[email protected]</span></a>. Additional program information can be 
obtained at the Web site for the Trade Adjustment Assistance for 
Farmers program. The URL is http://www.fas.usda.gov/itp/taa.

    Dated: April 27, 2010.
John D. Brewer,
Administrator, Foreign Agricultural Service.
[FR Doc. 2010-10271 Filed 4-30-10; 8:45 am]
BILLING CODE 3410-10-P


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CONFIDENTIAL MEMO

TO:      Bob Therrien

FROM:    Jim Pelusi

DATE:    06/16/00

RE:      Response to you and board

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


The following points represent the agreement that you and I reached earlier this
week.

1.    I will make a commitment to continue my employment at Brooks for a minimum
      of one year.

2.    Brooks will provide a 6 month severance commitment, if I leave Brooks for
      any reason (including my voluntary decision to leave) after the one year
      period.

3.    All stock option grants would continue to vest during the severance
      period.

4.    Base compensation will be increased to $250,000 per year.

5.    Participation in bonus program at the 30% target level.

6.    If I leave Brooks for any reason a pro-rata bonus payment will be made for
      the portion of the bonus period I was employed by Brooks. The 6 month
      severance period will not be included in the pro-rata bonus calculation.

7.    Additional grant of 60,000 shares with an effective date of May 31st.

8.    Expenses billed directly to the company (similar to traditional Brooks
      executives).

Bob, I appreciate your willingness to work with me on these issues. As we
discussed, I am 100%+ on board and motivated to grow the Factory Automation
Software business for Brooks.


Jim Pelusi



                                            Approved: /s/ Robert J. Therrien
                                                      -------------------------
                                                      Robert J. Therrien


                                                      6/16/00
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



I, Fred Lash, 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, to the best of my knowledge, the quarterly
report of Hooper Holmes, Inc., on Form 10-Q for the period ended June 30, 2005 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such quarterly report on Form
10-Q fairly presents, in all material respects, the financial condition and results of operations of Hooper Holmes, Inc.



Dated: August 9, 2005



/s/ Fred LashFred LashSenior Vice President, Treasurer, and Chief
Financial Officer




This certification shall not be
deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934 (the Exchange Act) or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.



A signed original of this written statement required by Section 906 has been provided to Hooper Holmes, Inc. and will be retained by Hooper
Holmes, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Page 26761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11317]



[[Page 26761]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), 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 Child Health and Human 
Development Special Emphasis Panel; Asymmetric Robotic Gait Training 
and Asymmetric Reaching Training to Induce Both.
    Date: June 10, 2010.
    Time: 2 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Rockville, MD 20852, (Telephone Conference Call).
    Contact Person: Sathasiva B. Kandasamy, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, 6100 Executive Boulevard, Room 
5B01, Bethesda, MD 20892-9304, (301) 435-6680, 
<a href="/cdn-cgi/l/email-protection#d1a2bab0bfb5b0a2b091bcb0b8bdffbfb8b9ffb6bea7"><span class="__cf_email__" data-cfemail="582b3339363c392b39183539313476363130763f372e">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: May 6, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-11317 Filed 5-11-10; 8:45 am]
BILLING CODE 4140-01-P


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Exhibit 11

Statement re computation of per-share earnings


Basic per share data is calculated based on the weighted-average number of
common shares outstanding during the reported period.  Diluted per share
data includes any dilution from potential common stock outstanding, such as
the exercise of stock options.


                               Six Months Ended        Three Months Ended
                                   June 30,                  June 30,

                               2002        2001         2002         2001
                           __________   __________   __________   __________
Numerator:
  Net income(loss)         $7,207,000   $6,021,000   $3,679,000   $2,673,000
                           ==========   ==========   ==========   ==========

Denominator:
  Denominator for
    Basic income (loss)
    Per share -
    Weighted average
    Shares                  6,172,428    6,633,731    6,167,542    6,202,460

Dilutive potential
  Common shares -
  Employee stock
  Options                       7,126          533        9,220          580
                           __________   __________   __________   __________

Denominator for
  Diluted earnings
  (loss) per share -
  Adjusted weighted
  Average shares            6,179,554    6,634,264    6,176,762    6,203,040
                           ==========   ==========   ==========   ==========
EXHIBIT 32.1

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 on Form 10-K of Salix Pharmaceuticals, Ltd. (the Company) for the period
ended December 31, 2008 as filed with the Securities and Exchange Commission on or about the date hereof (the Report), I, Carolyn J. Logan, President and Chief Executive Officer, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | (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 Company as of, and for, the periods
presented in the Report.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Carolyn J. LoganCarolyn J. LoganPresident and Chief Executive OfficerMarch 11, 2009