alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 17, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-10712

Conference Calendar

 

WARREN CHARLES REED,

Plaintiff-Appellant,

versus

FNU MOORE, Officer,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:04-CV-110

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

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges. 

PER CURIAM:*

Warren Reed, Texas prisoner # 597494, has appealed the

district court’s order dismissing his civil rights complaint for

failure to state a claim. Reed alleged in his complaint that he

suffered injuries when the defendant backed a van, in which Reed

was riding, into a metal pole. The negligent act of an official

causing loss or injury will not, standing alone, state a claim

under 42 U.S.C. § 1983. See Coon v. Ledbetter, 780 F.2d 1158,

1163 (5th Cir. 1986). 
No. 04-10712

-2-

Reed contends for the first time on appeal that Officer

Moore acted with deliberate indifference to his serious medical

needs in violation of the Eighth Amendment by denying him medical

treatment in order to “keep the accident from being documented.” 

Although Reed did contend in the district court that he was

denied medical treatment at the Robertson Unit at the time of the

accident, as to Officer Moore, he alleged only that Moore told

him not to complain if he wanted to reach his destination. 

Reed’s appeal is without arguable merit and is frivolous. 

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

Because the appeal is frivolous, it is DISMISSED. See 5TH CIR.

R. 42.2. We caution Reed that the dismissal of this appeal as

frivolous counts as a “strike” under 28 U.S.C. § 1915(g), as does

the district court’s dismissal of his complaint. See Adepegba v.

Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). If Reed

accumulates three “strikes” under 28 U.S.C. § 1915(g), he will

not be permitted to proceed IFP in any civil action or appeal

filed while he is incarcerated or detained in any facility,

unless he is under imminent danger of serious physical injury. 

See 28 U.S.C. § 1915(g). 

APPEAL DISMISSED; SANCTION WARNING ISSUED.
#### In the Matter of the Application of Nathaniel M. Brown for Admission to the Bar.

Application granted.

Thomas, Carr, Woodward and Rich, JJ., concurred; Burr, J., not voting.
---

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 

I, Jim MacKenzie, hereby 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 Annual Report on Form 10-KSB of Silverstar Mining
      Corp. for the year ended September 30, 2008(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 Silverstar Mining Corp.                                                                 

Dated: December 29, 2008

| | /s/ Shane Reeves             
| | -----------------------------
| | Shane Reeves                 
| | President and CEO            
| | (Principal Executive Officer)
| | Silverstar Mining Corp.      

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 required by Section 906, has been provided to Silverstar
Mining Corp. and will be retained by Silverstar Mining Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-3269

___________________________

Ernestine Rencher

lllllllllllllllllllll Appellant

v.

Tishaura O. Jones

lllllllllllllllllllllAppellee

____________

 Appeal from United States District Court 

for the Eastern District of Missouri - St. Louis

____________

 Submitted: April 15, 2013

Filed: April 23, 2013 

[Unpublished]

____________

Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. 

____________

PER CURIAM.

Ernestine Rencher appeals following the district court’s1

 adverse grant of

summary judgment in her employment-discrimination case. Upon careful de novo

1

The Honorable Rodney W. Sippel, United States District Judge for the Eastern

District of Missouri.
review of the record before the district court and the parties’ submissions on appeal,

see Torgerson v. City of Rochester, 643 F.3d 1031, 1042-43 (8th Cir.) (en banc)

(standard of review), cert. denied, 132 S. Ct. 513 (2011), we affirm for the reasons

explained in the district court’s thorough opinion. See 8th Cir. R. 47B. 

______________________________

-2-
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30873-30874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13181]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12161 and <greek-i>12162]


Tennessee Disaster Number TN-00038

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 7.

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

[[Page 30874]]

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Tennessee 
(FEMA-1909-DR), dated 05/04/2010 .
    Incident: Severe Storms, Flooding, Straight-Line Winds and 
Tornadoes.
    Incident Period: 04/30/2010 through 05/18/2010.
    Effective Date: 05/24/2010.
    Physical Loan Application Deadline Date: 07/06/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/04/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing And Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Tennessee, dated 05/04/2010, is hereby amended to include the following 
areas as adversely affected by the disaster.
    Primary Counties: Campbell, Henry.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-13181 Filed 6-1-10; 8:45 am]
BILLING CODE 8025-01-P
#### STATE v. N. W. GIBSON.

(Filed 21 November, 1956.)

Parent and Child § 12: Criminal Haw § 52b—

In a prosecution of a father for abandonment and for nonsupport of his minor child, a peremptory instruction for the State is prejudicial error in depriving the defendant of his right to have the jury consider the essential element of wilfulness.

JohNson, J., not sitting.

Appeal by defendant from *Crissman, J.,*April Term, 1956, of CabaRRus.

Criminal prosecution tried in the Cabarrus County Domestic Relations Court upon a warrant charging that in said County the defendant “on or about the 20th day of December 1955, did unlawfully, wilfully and maliciously abandon, fail and refuse to provide adequate support for his minor child, Lawrence Edward Gibson, age one month old, and the said defendant, N. W. Gibson, still refuses to provide adequate support for said minor child, . . .”

A plea of not guilty was entered. Defendant found guilty and sentence pronounced. He appealed to the Superior Court, where he was tried upon the original warrant. He entered a plea of not guilty; whereupon, a jury was sworn and impaneled to try the case. The jury returned a verdict of guilty, and from the judgment imposed the defendant appeals, assigning error.

*Attorney-General Patton and Assistant Attorney-General Bruton for the State.*

*Bedford W. Black and John Hugh Williams for defendant.*

Per Curiam.

The State concedes that assignments of error Nos. 12 and 13 present prejudicial error.

Assignment of error No. 12 is based on an exception to the peremptory instruction given to the jury as follows: “Now, members of the jury, the court charges you that if you find from the evidence the facts to be as all the evidence tends to show, it would be your duty to return a verdict of guilty in this case.”

In S. *v. Hayden,*224 N.C. 779, 32 S.E. 2d 333, this Court, in considering a similar instruction, said: “The court’s instruction deprived the defendant of his right to have the jury consider the question of his willfulness as an issuable fact. . . . Rarely may a peremptory instruction be given to convict the defendant, if the jury finds the facts to be *72as testified, in cases where the substance of the offense is willfulness or a specific intent is an essential element.”

The 13th assignment of error is based on an exception to the following portion of the charge to the jury: “The court charges you that if you are satisfied from this evidence beyond a reasonable doubt that the defendant has abandoned this child and has failed to support the child, failed to do anything for it, . . . it would be your duty to return a verdict of guilty.”

Likewise, in this portion of the charge the court inadvertently failed to include in the instruction the element of wilful abandonment and nonsupport. The burden was upon the State to show beyond a reasonable doubt that the defendant wilfully abandoned his child, without providing adequate support for such .child. *S. v. Smith,*241 N.C. 301, 84 S.E. 2d 913.

For the errors pointed out, there must be a

New trial.

JOHNSON, J., not sitting.
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.                  

###### Commodity Futures Trading Commission

# TIME AND DATE:

 11 a.m., Friday June 25, 2010.

# PLACE:

 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# STATUS:

 Closed.

# MATTERS TO BE CONSIDERED:

 Surveillance Matters.

# CONTACT PERSON FOR MORE INFORMATION:

 Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield, 

Assistant Secretary of the Commission.

[FR Doc. 2010-13082 Filed 5-26-10; 4:15 pm]

BILLING CODE 6351-01-P
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30787-30791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13096]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 10-06]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, DoD.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification to fulfill the 
requirements of section 155 of Public Law 104-164 dated 21 July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 10-06 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: May 26, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 30788]]

[GRAPHIC] [TIFF OMITTED] TN02JN10.305


[[Page 30789]]


[GRAPHIC] [TIFF OMITTED] TN02JN10.306


[[Page 30790]]


[GRAPHIC] [TIFF OMITTED] TN02JN10.307


[[Page 30791]]


[GRAPHIC] [TIFF OMITTED] TN02JN10.308

[FR Doc. 2010-13096 Filed 6-1-10; 8:45 am]
BILLING CODE 5001-06-C
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**DAVID JOHNATHAN FREEMAN,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 200 MAL 2015** 

**Petition for Allowance of Appeal from the**  Unpublished Memorandum and Order **of the Superior Court at No. 1852 EDA 2014 exited February 25, 2015,**  affirming **the Order of the Lehigh County Court of Common Pleas at No.**  **CP-39-CR-0001078-1995 exited May 23, 2014** 

ORDER

PER CURIAM

AND NOW **, this 11th day of February, 2016, the Petition for Allowance of Appeal**

**is** GRANTED **on the issue of whether Petitioner’s sentence violates the prohibition**

**against mandatory life sentences for juvenile offenders announced by the Supreme**

**Court of the United States in** Miller v. Alabama **, 567 U.S. ___, 132 S. Ct. 2455 (2012).**

**As a result of the recent holding by that Court that** Miller **must be applied retroactively**

**by the States,** see Montgomery v. Louisiana **, 2016 WL 280758 (U.S. Jan. 25, 2016), the**

**Superior Court’s order is** VACATED **, and the case is** REMANDED **for further**

**proceedings consistent with** Montgomery.

**To the extent necessary, leave is to be granted to amend the post-conviction**

**petition to assert the jurisdictional provision of the Post Conviction Relief Act extending**

**to the recognition of constitutional rights by the Supreme Court of the United States**

**which it deems to be retroactive.** See **42 Pa.C.S. §9545(b)(1)(iii).**

**Mr. Justice Eakin did not participate in the consideration or decision of this**

**matter.**
**EXHIBIT 35.3**

  

[COUNTRYWIDE HOME LOANS LOGO]

400 Countrywide WayFebruary 29, 2008

Simi Valley, California 93065-6298

Washington Asset Acceptance Corporation75 N. Fairway DriveVernon Hills, IL 60061

 

 

OFFICER'S CERTIFICATE

 

I, Joseph Candelario, hereby certify that I am an officer of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP (the “Servicer”).  Ifurther certify, with respect to the applicable servicing agreement relating to the securitization transaction(s) set forth on Exhibit A attached hereto (the “Servicing Agreement”) that:

 

(a)           A review of the activities of the Servicer during the preceding calendar year and of theperformance of the Servicer under the Servicing Agreement has been made under my supervision; and

 

(b)           To the best of my knowledge, based on such review, the Servicer has fulfilled all of itsobligations under the Servicing Agreement in all material respects throughout such year.

 

/S/ Joseph Candelario                        *February 29, 2008*

Joseph CandelarioFirst Vice PresidentCompliance OfficerLoan Administration

 

 

----

Exhibit A

Securitization Transaction(s)

 

 WMALT  2007-OA1

 

WMALT 2007-OA2

 

WMALT 2007-OA3
Case: 19-30088    Doc# 4362    Filed: 10/21/19    Entered: 10/21/19 15:47:27    Page 1 of2

Case: 19-30088    Doc# 4362    Filed: 10/21/19    Entered: 10/21/19 15:47:27    Page 2 of2
Exhibit A

Case: 19-30088 Doc# 3058-1 Filed: 07/18/19 Entered: 07/18/19 12:34:48 Page 1

of 5
Case: 19-30088 Doc# 3058-1 Filed: 07/18/19 Entered: 07/18/19 12:34:48 Page 2

of 5
Case: 19-30088 Doc# 3058-1 Filed: 07/18/19 Entered: 07/18/19 12:34:48 Page 3

of 5
Case: 19-30088 Doc# 3058-1 Filed: 07/18/19 Entered: 07/18/19 12:34:48 Page 4

of 5
Case: 19-30088 Doc# 3058-1 Filed: 07/18/19 Entered: 07/18/19 12:34:48 Page 5

of 5
United States Bankruptcy Court

Northern District of California

In re: Pacific Gas and Electric Company Case No.: 19-30088

 and PG&E Corporation

Court ID (Court use only)_____________

NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY

A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. § 1111(a). Transferee

hereby gives notice pursuant to Rule 3001(e)(2), Fed. R. Bankr. P., of the transfer, other than for security,

of the claim referenced in this notice.

Hain Capital Investors Master Fund, Ltd Suez WTS Services USA, Inc.

Name of Transferor

Name and Address where notices to transferee Court Record Address of Transferor

should be sent (Court Use Only)

Hain Capital Investors Master Fund, Ltd

301 Route 17, 7th Floor

Rutherford, NJ 07070

Phone: (201) 896 - 6100

Last Four Digits of Acct #: ______________ Last Four Digits of Acct. #: ___________

Name and Address where transferee payments Name and Current Address of Transferor

should be sent (if different from above) 

 Suez WTS Services USA, Inc.

12 Old Hollow Road, Suite B

Trumbull, CT 06611

Court Claim # (if known): 7700 

Scheduled Claim: $329,140.42

Date Claim Filed: 8/22/19

I declare under penalty of perjury that the information provided in this notice is true and correct to the best

of my knowledge and belief.

By:_/s/ Cheryl Eckstein Date: 9/19/19

Transferee/Transferee’s Agent

Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 & 3571.

~~DEADLINE TO OBJECT TO TRANSFER~~

The transferor of claim named above is advised that this Notice of Transfer of Claim Other Than for

Security has been filed in the clerk’s office of this court as evidence of the transfer. Objections must be

filed with the court within twenty (20) days of the mailing of this notice. If no objection is timely received

by the court, the transferee will be substituted as the original claimant without further order of the court.

Date:___________ ______________________________

CLERK OF THE COURT

Case: 19-30088 Doc# 3934 Filed: 09/19/19 Entered: 09/19/19 06:36:50 Page 1 of

2
Robert J Koltai

Managing Member

September 17

Case: 19-30088 Doc# 3934 Filed: 09/19/19 Entered: 09/19/19 06:36:50 Page 2 of

2
----

|   |   |                                                                                                                                                                |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | 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. |

|   | /s/      KURT H. JENSEN      |   |
|--------|------------------------------|--------|
|   | Kurt      H. Jensen          |   |
|   | Chief      Financial Officer |   |
|   | May 15,      2009       |   |
**Annual
      Statement of Compliance**


**SACO
      I Trust 2006-12**




VIA:
      EMAIL




Bear
      Stearns Asset Backed Securities I LLC


383
      Madison Avenue


New
      York,
      New York10179


regabnotifications@bear.com




LaSalle
      Bank National Association


135
      South
      LaSalle Street, Suite 1511


Chicago,
      IL60603




Re:      
      The Sale and Servicing agreement dated as of December 19, 2006 (the
“Agreement”), among Bear Stearns Asset Backed Securities I LLC, as Depositor and
      Purchaser, EMC Mortgage Corporation, as Sponsor and Company, LaSalle Bank
      National Association, as Master Servicer and Securities Administrator, and
      Citibank, N.A., as Indenture Trustee.




I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Securities Administrator hereby certify that:




(1) A review of the activities of the Securities Administrator during the
      preceding calendar year and of the performance of the Securities Administrator
      under the Agreement has been made under my supervision; and




(2) To the best of my knowledge, based on such review, the Securities
      Administrator has fulfilled all its obligations under the Agreement in all
      material respects throughout such year or a portion thereof.




Date: February
      1, 2007




LaSalle
      Bank National Association, as Securities Administrator




/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
Order filed, October 01, 2015

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 15

- 00678

- CR

____________ CHRISTOPHER MICHAEL DUPUY , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 405TH District Court Galveston Count y, Texas Trial Court Cause No. 15CR1661



### ORDER
The reporter’s record in this case was due September 28, 2015

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the
record. The record has not been filed with the c ourt. Because the reporter’s record has not been filed timely, we issue the following order.

We order Cylena Korkmas , the official court reporter, to file the record in this appeal within 30 days of the date of this order

. PER CURIAM