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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-10723

Conference Calendar

 

NORMAN W. YOES,

Plaintiff-Appellant,

versus

RAY HALL, JR., Attorney at Law,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas 

USDC No. 4:02-CV-461-Y

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

December 12, 2002

Before JOLLY, JONES, and WIENER, Circuit Judges.

PER CURIAM:*

Norman W. Yoes, Texas prisoner # 0249027, appeals the

dismissal of his 42 U.S.C. § 1983 complaint as frivolous and for

failure to state a claim under 28 U.S.C. §§ 1915(e) and 1915A. 

Yoes argues that appellee Ray Hall, Jr., Yoes’ court-appointed

attorney, rendered ineffective assistance. Yoes seeks this

court’s assistance in helping him obtain the appointment of

substitute counsel.
No. 02-10723

-2-

To establish liability under 42 U.S.C. § 1983, Yoes must

demonstrate a violation of his rights secured by the Constitution

or laws of the United States committed by a person acting under

color of state law. See Leffall v. Dallas Indep. Sch. Dist., 28

F.3d 521, 525 (5th Cir. 1994). Yoes’ court-appointed attorney is

not a state actor for purposes of 42 U.S.C. § 1983 liability. 

See Polk County v. Dodson, 454 U.S. 312, 324-25 (1981); see also

Mills v. Criminal Dist. Court No. 3, 837 F.2d 677, 679 (5th Cir.

1988). Accordingly, the district court’s dismissal of Yoes’

complaint as frivolous and for failure to state a claim is

AFFIRMED.

The district court’s dismissal of Yoes’ 42 U.S.C. § 1983

complaint as frivolous resulted in Yoes’ second strike under 28

U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88

(5th Cir. 1996). We caution Yoes that once he accumulates three

strikes, he may not 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).
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30321]



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

DEPARTMENT OF ENERGY
[Docket No. ER94-1328-006]


CMEX Energy, Inc.; Notice of Filing

December 7, 1995.
    Take notice that on November 3, 1995, CMEX Energy, Inc. filed a 
notice of cancellation of its Rate Schedule FERC No. 1.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (19 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests should be filed on or before December 22, 1995. Protests will 
be considered by the Commission in determining the appropriate action 
to be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-30321 Filed 12-12-95; 8:45 am]
BILLING CODE 6717-01-M
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 of China Multimedia, Inc. (the "Company") on Form 10-KSB for the fiscal year ended September 30, 2008 (the "Report"), I, Wilson Cheung, Chief Executive 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 requirement 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 Company's financial position and results of operations.  /s/Wilson CheungWilson Cheung, Chief Executive Officer December 29, 2008
**[Letterhead of Chase Home Finance LLC]**

Exhibit 35.1.5.3

SUBSERVICER COMPLIANCE STATEMENT

 

RE:  Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2007-AR1:  This Pooling and Servicing Agreement, is dated and effective as of January 1, 2007, among Citigroup Mortgage Loan Trust Inc., as Depositor, Citimortgage, Inc., as Master Servicer and Trust Administrator, Citibank, N.A. as Paying Agent, Certificate Registrar and Authenticating Agent and U.S. Bank National Association, as Trustee

 

The undersigned, each a duly authorized officer of Chase Home Finance LLC (“CHF”), do hereby certify that:

 

1.           CHF is a Subservicer of JPMorgan Chase Bank, National Association (“the Subservicer” per the Mortgage Loan Subservicing Agreement, dated October 1, 2007) under the Agreement

 

2.           A review of the activities of CHF during the period from October 1, 2007 to December 3, 2007 and of the performance of CHF under the Agreement has been made under our supervision; and

 

3.           To the best of our knowledge, based on such review, CHF has fulfilled all its obligation under the Agreement in all material respects throughout such period.

 

Capitalized terms used but not defined herein shall have the meanings assigned in the Agreement.

 

Date:  02/28/2008

 

|   | Chase Home Finance LLC, |
|--------|-------------------------|

|   | as Subservicer |
|--------|----------------|

 

|   | By:  /s/ Kim Greaves |
|--------|----------------------|

|   | Name:  Kim Greaves |
|--------|--------------------|

|   | Title: | Senior Vice President |
|--------|--------|-----------------------|

|   | Servicing Manager |
|--------|-------------------|

 

|   | By: /s/ Jim Miller |
|--------|--------------------|

|   | Name:  Jim Miller |
|--------|-------------------|

|   | Title: | Senior Vice President |
|--------|--------|-----------------------|

|   | Default Servicing Manager |
|--------|---------------------------|
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.                  

###### Postal Service

# Dates and Times:

 Tuesday, February 9, 2016, at 12:00 noon.

# Place:

 via Teleconference.

# Status:

 Closed.

# Matters to be Considered:

## Tuesday, February 9, 2016, at 12:00 Noon

1. Strategic Issues.

2. Financial Matters.

3. Pricing.

4. Personnel Matters and Compensation Issues.

5. Executive Session—Discussion of prior agenda items and Board governance.

# General Counsel Certification:

 The General Counsel of the United States Postal Service has certified that the meeting may be closed under the Government in the Sunshine Act.

# Contact Person for More Information:

 Requests for information about the meeting should be addressed to the Secretary of the Board, Julie S. Moore, at 202-268-4800.

Julie S. Moore,

Secretary, Board of Governors.

[FR Doc. 2016-01776 Filed 1-27-16; 4:15 pm]

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#### ETHEL DAVIS v. WENDELL S. SIMMONS and JEFFERY BLACKMON.

(Filed 22 September, 1954.)

Appeal by plaintiff from *Sink, J.,*July Term 1954, Sueet. No error.

About 1:00 a.m. on 31 May 1953, plaintiff was lying prone across the westerly half of Highway *52 near*Mount Airy. She was apparently in a drunken stupor. Defendants, traveling in a southerly direction, meeting automobiles going in the opposite direction, ran over a part of plaintiff’s body. Defendant Blackmon was the owner of the automobile, and Simmons was, at the time, operating the vehicle.

The jury answered the first issue of negligence “No.” The court below entered judgment on the verdict and plaintiff appealed.

*631
      *Frank Freeman and J. H. Freeman for plaintiff appellant.*

*Ratcliff, Vaughn, Hudson, Ferrell & Garter for defendant appellees.*

Peb CubiaM.

Plaintiff’s assignments of error fail to disclose any error in the trial in the court below such as would entitle her to a new trial. None of them are of sufficient merit to require discussion. The jury has resolved the facts adversely to plaintiff. She must abide the result.

No error.
I 

113TH CONGRESS 

2D SESSION H. R. 5608 

To take certain land in the State of Nevada into trust for the Duckwater 

Shoshone Tribe, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. HORSFORD introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To take certain land in the State of Nevada into trust 

for the Duckwater Shoshone Tribe, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Duckwater Shoshone 

5 Land Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Duckwater Reservation Expansion’’, dated 

10 September 9, 2014, and on file and available for 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5608 IH

1 public inspection in the appropriate offices of the 

2 Bureau of Land Management. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (3) TRIBE.—The term ‘‘Tribe’’ means the 

6 Duckwater Shoshone Tribe. 

7 SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

8 THE DUCKWATER SHOSHONE TRIBE. 

9 (a) IN GENERAL.—Subject to valid existing rights, 

10 all right, title, and interest of the United States in and 

11 to the land described in subsection (b) shall be— 

12 (1) held in trust by the United States for the 

13 benefit of the Tribe; and 

14 (2) part of the reservation of the Tribe. 

15 (b) DESCRIPTION OF LAND.—The land referred to in 

16 subsection (a) is the approximately 25,977 acres of land 

17 administered by the Bureau of Land Management as gen18 erally depicted on the map as ‘‘Reservation Expansion 

19 Lands’’. 

20 (c) SURVEY.—Not later than 180 days after the date 

21 of enactment of this Act, the Secretary shall complete a 

22 survey of the boundary lines to establish the boundaries 

23 of the land taken into trust under subsection (a). 

24 (d) USE OF TRUST LAND.—Land taken into trust 

25 under subsection (a) shall not be eligible for, or considered 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5608 IH

1 to have been taken into trust for the purpose of, class II 

2 gaming or class III gaming (as defined in section 270 of 

3 the Indian Gaming Regulatory Act (25 U.S.C. 2703)). 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00069-CV

Michael G. Brown, M.D., Appellant

v.

The Texas State Board of Medical Examiners and Donald W. Patrick, M.D., J.D.,

Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-06-001482, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

NO. 03-08-00094-CV

Michael G. Brown, M.D., Appellant

v.

The Texas State Board of Medical Examiners and Donald W. Patrick, M.D., J.D., 

Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-06-001121, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

In March 2006, appellant Michael G. Brown filed an original petition with the district

court, and the district court assigned the petition as cause number D-1-GN-06-001121. In April
2

2006, appellant filed a companion original petition, and the district court assigned the companion

petition as cause number D-1-GN-06-001482. In August 2006, the district court consolidated the

two causes into cause number D-1-GN-06-001482. In January 2007, the district court held an

administrative appeal hearing in cause number D-1-GN-06-001482. The final order from the

administrative appeal hearing, however, was inadvertently filed under cause number D-1-GN-06-

001121. Appellant thereafter filed notices of appeal under both cause numbers.

The parties have filed an agreed motion to consolidate the two appellate causes. We

grant the agreed motion to consolidate. The issues, records and documents filed in appellate cause

number 03-08-00094-CV are consolidated into appellate cause number 03-08-00069-CV. The

consolidated causes will proceed under the style of cause number 03-08-00069-CV. Appellate cause

number 03-08-00094-CV is dismissed.

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Dismissed

Filed: April 11, 2008
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#71414356_v2 1

HOLLAND & KNIGHT LLP

Thomas D. Leland (Pro Hac) 

Leah E. Capritta (Pro Hac) 

1801 California Street, Suite 5000 

Denver, Colorado 80202 

Telephone: (303) 974-6660 

Fax: (303) 974-6659 

Email: thomas.leland@hklaw.com 

 leah.capritta@hklaw.com 

HOLLAND & KNIGHT LLP 

Vince Farhat (SBN 183794) 

400 South Hope Street, 8th Floor 

Los Angeles, CA 90071 

Telephone: (213) 896-2400 

Facsimile: (213) 896-2450 

Email: vince.farhat@hklaw.com 

Attorneys for Plaintiff 

TIGER NATURAL GAS, INC.

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION 

 -andPACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors. 

□ Affects PG&E Corporation

■ Affects Pacific Gas and Electric Company

□ Affects both Debtors

*All papers shall be filed in the Lead Case,

No. 19-30088 (DM)

)

)

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)

)

)

)

 CASE NO. 19-30088 (DM) 

 Chapter 11 

 (Lead Case) 

 (Jointly Administered) 

ORDER GRANTING TIGER NATURAL 

GAS, INC.’S ADMINISTRATIVE 

MOTION TO FILE CERTAIN 

DOCUMENTS UNDER SEAL 

[NO HEARING REQUIRED] 

Signed and Filed: November 12, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

November 13, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 4697 Filed: 11/12/19 Entered: 11/13/19 09:35:36 Page 1 of

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#71414356_v2 2

This matter came before the Court on Tiger Natural Gas, Inc.’s (“Tiger”) Motion to 

File Certain Documents Under Seal (the “Motion”). The Court having considered the Motion, 

the declaration filed in support, any response and reply briefing, its files and records herein, and 

being fully advised, 

IT IS HEREBY ORDERED, DECREED, AND ADJUDGED that the Motion is 

GRANTED; and 

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that Tiger is 

authorized to file the excerpts from the documents listed below under seal pursuant to section 

107(b) of the Bankruptcy Code and Bankruptcy Rule 9018 in connection with its Reply in Support 

of Motion for Relief from Automatic Stay: 

a) Deposition Transcript of Michael Quinn, Ph.D, dated September 29, 2017; and

b) Deposition Transcript of Daniel W. Ray, dated October 4, 2017.

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that this Court 

shall retain jurisdiction to hear and determine all matters arising from or related to the 

implementation, interpretation, or enforcement of this Order. 

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that notice of 

the Motion as provided therein shall be deemed good and sufficient and the requirements of the 

Bankruptcy Local Rules are satisfied by such notice. 

**End of Order** 

Case: 19-30088 Doc# 4697 Filed: 11/12/19 Entered: 11/13/19 09:35:36 Page 2 of

2
First Amendment - Corporation Savings and Investment Plan



 Exhibit 10.6.1 
 FIRST AMENDMENT 
 OF 
 JOHN BEAN TECHNOLOGIES CORPORATION SAVINGS AND INVESTMENT PLAN 
 WHEREAS, John Bean Technologies Corporation (the “Company”) maintains the John Bean Technologies Corporation Savings and Investment Plan (the “Plan”); 
 WHEREAS, the Company now deems it necessary and desirable to amend the Plan to comply with the final Treasury regulations under Code
Section 415; and 
 WHEREAS, this First Amendment shall supersede the provisions of the Plan to the extent those provisions are
inconsistent with the provisions of the amendment; 
 NOW, THEREFORE, by virtue of the authority reserved to the Company by
Section 12.1 of the Plan, the Plan is hereby amended as follows: 
 • Effective for limitation years beginning on or after
July 1, 2007, the definition of Compensation set forth in Article I is hereby amended to add the following paragraph to the end thereto to read as follows: 
 Notwithstanding the preceding to the contrary, for purposes of determining compensation for compliance with the Code Section 415
annual addition limitation, effective for limitation years beginning on or after July 1, 2007, the determination of “415 Compensation” shall include for a given limitation year payments made by the later of 2 and  1/2 months after severance from employment or the end of the limitation year that
includes the date of severance from employment if, absent a severance from employment, such payments would have been paid to the Participant while the Participant continued in employment with the Company or a Participating Employer and are regular
compensation for services during the Participant’s regular working hours, compensation for services outside the Participant’s regular working hours (such as overtime or shift differential) commissions, bonuses, or other similar
compensation. 
 IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly authorized representative
this          day of             , 2009. 
  

			
	John Bean Technologies Corporation
		
	By:	 	  

		
	Its:
EXHIBIT 32


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 of Raven Moon Entertainment,
Inc. (the "Registrant") on Form 10-QSB for the period ended March 31,
2007, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Joey DiFrancesco, President, Chief Executive
Officer and principal financial officer of the Registrant, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

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

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

Dated: May 14, 2007		/s/ Joseph DiFrancesco
				-----------------------------
				Joey DiFrancesco, President,
				Chief Executive Officer and
				Principal Financial Officer
Description of Special Bonus for Richard R. Whitt, III



 Exhibit 10.1 
 Description of Special Bonus for Richard R. Whitt, III 
 On May 11, 2009, the Compensation Committee of the Board of
Directors of Markel Corporation awarded a $100,000 discretionary bonus payment to Richard R. Whitt, III outside of the Markel Corporation Executive Bonus Plan in recognition of Mr. Whitt’s contributions in connection with the
corporation’s “One Markel” operational and information technology systems initiative.