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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6529

KEITH W. JONES,

Plaintiff - Appellant,

v.

CRYSTAL ATKINSON; CAPTAIN MCPHERSON; SGT HONEYCUTT; SGT 

HENDERSON; CORRECTIONAL OFFICER HALEY,

Defendants - Appellees,

and

SGT GRAHAM; SGT JOLLY; SGT FLOYD; JUSTIN W. BUTLER; BRAD 

PERRITT; JULIAN PRIEST; GEORGE BAYSDEN; UNIT MANAGER BROWN; 

UNIT MANAGER WEST; UNIT MANAGER LANEHART; UNIT MANAGER 

SPIVEY; DOCTOR SCOTT; TODD E. ISHEE; ERIK A. HOOKS,

Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever III, District Judge. (5:21-ct-03008-D)

Submitted: February 27, 2024 Decided: February 29, 2024

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

USCA4 Appeal: 23-6529 Doc: 11 Filed: 02/29/2024 Pg: 1 of 3
2

Keith W. Jones, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6529 Doc: 11 Filed: 02/29/2024 Pg: 2 of 3
3

PER CURIAM:

Keith W. Jones appeals the district court’s order granting summary judgment in 

favor of Defendants on his 42 U.S.C. § 1983 complaint, in which Jones alleged that 

Defendants were deliberately indifferent to a serious medical need. We have reviewed the 

record and find no reversible error. Accordingly, we affirm the district court’s order. Jones 

v. Atkinson, No. 5:21-ct-03008-D (E.D.N.C. May 12, 2023). 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.

AFFIRMED

USCA4 Appeal: 23-6529 Doc: 11 Filed: 02/29/2024 Pg: 3 of 3
#### MORENTO WILSON v. PAN-AMERICAN BUS LINES, INC.

(Filed 22 May, 1940.)

1. Carriers § 15—

A passenger on a bus does not lose his rights as such in having the bus stop at a filling station on the route and leaving the bus temporarily to go to the toilet.

2. Carriers § 21b—

Plaintiff, while a passenger of defendant bus company, was assaulted and injured by an unidentified person as plaintiff was nearing the bus to board same. *Held:*Conflicting evidence as to whether defendant’s employees could have come to plaintiff’s rescue, and negligently failed to do so, after discovering his peril, was properly submitted to the jury.

Appeal by defendant from *Phillips, J.,*at October Term, 1939, of MECKLENBURG.

Civil action to recover damages for personal injuries alleged to have been caused by the neglect or default of the defendant.

On 9 August, 1937, the plaintiff purchased a ticket from an agent of the defendant in New York and took passage on one of its buses for Charlotte, N. C. While traveling through the State of Virginia the plaintiff asked the driver to stop the bus and allow him to leave it for the purpose of relieving the pressure on his kidneys. Pursuant to this *587request, tbe bus was stopped at a filling station on tbe side of tbe road about five miles south of Martinsville. As plaintiff was returning to tbe bus and while approximately fifteen feet away, be was assaulted by an unidentified person and injured in tbe fight which ensued.

It is in evidence that tbe porter and driver of tbe bus saw tbe fight but made no effort to assist tbe plaintiff. Tbe defendant’s evidence is to tbe effect that tbe assault was wholly unexpected and so quickly over that neither tbe porter nor tbe driver bad time to go to plaintiff’s assistance.

From verdict and judgment in favor of tbe plaintiff, tbe defendant appeals, assigning errors.

*John A. McRae, and B. F. Wellons for plaintiff, appellee.*

*Sims & Mason for defendant, appellant.*

Stacy, C. J.

Tbe plaintiff was a passenger on defendant’s bus. He did not lose bis rights as such in tbe circumstances disclosed by tbe record by leaving tbe bus temporarily for a lawful purpose. *Wallace v. R. R.,*174 N. C., 171, 93 S. E., 731. His status was that of a passenger at tbe time of tbe assault. *Goodman v. Queen City Lines,*208 N. C., 323, 180 S. E., 661.

Whether tbe employees of tbe defendant could have come to bis rescue, and negligently failed to do so, after discovering bis peril, was submitted to tbe jury under proper instructions from tbe court. *Mills v. R. R.,*172 N. C., 266, 90 S. E., 221. The evidence on this issue was conflicting. *Pruett v. R. R.,*164 N. C., 3, 80 S. E., 65.

We have discovered no reversible error. Tbe verdict and judgment will be upheld.

No error.
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 Derycz Scientific, Inc. (the “Company”) on
Form 10-K for the period ending June 30, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Richard McKilligan,
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:





(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/ Richard McKilliganRichard
      McKilliganChief
      Financial Officer (Principal Financial and Accounting
    Officer)September
      28, 2009
Amendment to Restricted Share Unit Agreements



 Exhibit 10.46 
 AMENDMENT TO 
 RESTRICTED SHARE UNIT AGREEMENTS 
 GRANTED TO PHILLIP A. GOBE 
 The
Restricted Share Unit Agreements providing for the grant of Restricted Share Units to Phillip A. Gobe on March 23, 2006 and August 3, 2006 under the Energy Partners, Ltd. 2006 Long Term Stock Incentive Plan are hereby amended in the
following respects: 
  

	 	1.	Section 5 is amended by adding the following sentence at the end thereof: 

 “Anything in the Plan or this Agreement to the contrary notwithstanding, you shall be deemed to have terminated employment for purposes of the Plan and this Agreement if and only if you have experienced a
‘separation from service’ within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations thereunder.” 
  

	 	2.	Section 6 is amended by adding the following sentence at the end thereof; 

 “To the extent any payment is subject to the 6-month delay, such payment shall be paid immediately after the end of such 6-month period (or the date of your death, if earlier).” 
  

	 	3.	Exhibit A is amended to read in its entirety as follows: 

 “Exhibit A 
 “Change of Control” means a change in the ownership or effective control of the
Company, or in the ownership of a substantial portion of the assets of the Company, within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations thereunder.” 
  

									
	ENERGY PARTNERS, LTD.	 		 	
				
	By:	 	/s/ John H. Peper	 		 	Date: 11/13/08
		 	 John Peper
 Executive Vice President
	 		 		 	
	
	I HEREBY AGREE TO THIS AMENDMENT TO MY RESTRICTED SHARE UNIT AGREEMENTS


					
			
	/s/ Phillip A. Gobe	 		 	Date: 11/19/08
	Phillip A. Gobe
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DANIEL ARTHUR HELEVA,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 77 MM 2023

ORDER

PER CURIAM

AND NOW , this 27 th day of September , 2023, the Application for Leave to File

Original Process is GRANTED, and the Application for Extraordinary Relief and the

Application for Relief are DENIED.
**EXHIBIT 99.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Northwest Airlines Corporation (the “Company”) on Form 10-Qfor the period ending March 31, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Richard H. Anderson, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2) The information containedin the Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

 
| /s/ Richard  H. Anderson |   |
|--------------------------|--------|
|                     |
| Richard H.  Anderson     |
| Chief  Executive Officer |
| May 9, 2003              |

 

----
**EXHIBIT99.2**

 

**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 of Northwest AirlinesCorporation  (the “Company”) on Form10-Q for the period ending June 30, 2002 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Mickey P. Foret,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 
| /s/ Mickey P. Foret     |
|-------------------------|
|                    |
| Mickey P. Foret         |
| Chief Financial Officer |
| August 9, 2002          |

 

 

----
##### 



Exhibit 10.23
 FIRST AMENDMENT
TO
FIRST SUPPLEMENT
TO THE AMENDED AND RESTATED MASTER LOAN AGREEMENT
(DATED OCTOBER 17, 2007)
  CENTRAL IOWA ENERGY, LLC
  F & M BANK-IOWA




---



##### 



FIRST AMENDMENT TO THE FIRST SUPPLEMENT
TO THE AMENDED AND RESTATED MASTER LOAN AGREEMENT
(CONSTRUCTION AND TERM LOAN)
 THIS FIRST AMENDMENT to the FIRST SUPPLEMENT DATED AS OF October 17, 2007 First
Amendment F & M BANK-IOWA Lender CENTRAL IOWA ENERGY, LLC, Borrower
 RECITALS
 MLA
  AGREEMENT
  1. Defined Terms .
 2. Modification of First Supplement .
 a.
    
    Paragraph #8(c) of the First Supplement is hereby amended and restated to read as
follows:Term Loan Payments. Beginning on the first (1st) day of
November 1, 2007, and continuing on the first (1st) day of each
succeeding month thereafter until the Maturity Date, the Borrower shall make
equal monthly payments of principal in such amounts as will be required to
fully amortize the entire outstanding principal of the Term Note, over a
period not to exceed ten (10) years from the Conversion Date, together with
accrued interest thereon. Following the Conversion Date, and in addition to
all other payments of principal and interest required under the MLA, the
Borrower shall annually remit to Lender the Excess Cash Flow Payment
pursuant to Section 11 of this First Supplement.




---



##### 



3. Effect on First Supplement and MLA .
 4. Representations and Warranties of Borrower .
 a.
    
    The representations and warranties contained in the MLA, the
First Supplement and the Related Documents. Furthermore, the Borrower
represents that the representations and warranties contained in the MLA, the
First Supplement and the Related Documents continue to be true and correct and
in full force and effect.b.
    
    Borrower has the power and authority to execute, deliver, and
perform this First Amendment and any documents required under this First
Amendment and that all documents contemplated herein when executed and
delivered to Lender will constitute the valid, binding and legally enforceable
obligations of Borrower in accordance with their respective terms and
conditions, except as enforceability may be limited by any applicable
bankruptcy or insolvency laws.




---



##### 



BORROWER:
 CENTRAL IOWA ENERGY, LLC,
 By:
    
    /s/ James JohnstonJames JohnstonIts: ChairmanF & M BANK-IOWA, a bank chartered
Under the laws of IowaBy:
    
    /s/ Daniel J. HassmanDaniel J. HassmanIts: President
  4
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT KATHARINA N. B LANC ATO, Pe titione r - Appe lla nt, v. C OM M ISSIONER

OF INTER

NAL R EVENUE, R

e sponde n t - Appe lle e . Nos. 14-70654, 14-70655

Ta x C t. No. 8754-07 Ta x C t. No. 13019-08

M EM O R ANDUM *

Appe a l from

De c isions of the Unite d Stat e s Tax C ourt Subm itte d

M ay 24, 2016 ** B e fore : R EINHAR

DT, W . FLETC HER , a

nd OW ENS, C irc uit Judge s . In the se c onsolida

te d a ppe a ls, Ka

tha rina N. B la nc ato a ppe a ls pro se from

the Ta x C ourt’ s orde rs dism i ssing for fa ilure to prose c ute he r pe titions c ha l le nging the C om m issione r of Inte rna l R e ve nue ’ s de te rm inations of ta x de fic ie nc ie s for tax y e ars 2003 a

n d 2004. W e hav e jurisdic tion unde r 26 U.S.C . § 7482(a )(1). W e 

# FIL ED JUN 02 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s the se c a se s are suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a )(2).re vie w for an a buse of disc re tion. N

oli v . C omm’r , 860 F.2d 1521, 1527 (9th C ir. 1988). W e a ffirm . The Ta x C ourt did not a

buse its disc re tion in dism issing B la nc ato’ s pe titions for fa ilure to prose c ute be c a use B la nc ato fa ile d to a

ppe ar a t tria l a

nd wa s othe rwise unc oope ra tive . Se e id . at 1527 (noting tha t “ d ism issa l for fa i lure prope rly to prose c ute will norm a l ly

arise whe re a

pa rty fa ils to a p pe ar a t tria l” ); se e also T.C . R . 123(b) (Tax C ourt m ay dism iss a c a se and e nte r a de c ision a ga inst a pe t itione r whe re the pe titione r fa i ls prope rly to prose c ute or fa ils to proc e e d a s re quire d by the T a xC ourt). C ontra ry to B la nc ato’ s c onte ntion, the Ta x C ourt did not err in lifting the a utom a t ic sta

y a fte r the B ankruptc y

C ourt e nte re d a

n orde r a pproving a

stipula te d se ttle m e nt tha

t te rm i nate d the sta

y unde r 11 U.S.C . § 362(a ) a s to B la n c ato. Se e id . a t 1525 (disc ussing a

n a utom a tic sta

y unde r § 362 a

n d e xpla ining tha

t “ t he te rm s of an orde r lifting the a

utom atic sta

y are stric tly

c onstrue d” ). W e re

j e c t B l anc ato’ s c onte ntion tha

t the Ta x C ourt should ha ve sought le ave from

the B ankruptc y

C ourt to re sum e proc e e dings. W e tre a t B la

nc a to’ s re ply

brie fs a s both re que sting le ave to file m ultiple brie fs a nd to filethe brie fs late , a nd gra nt the re que s ts. The C le rk sha ll file the re ply brie fs subm i tte d on July

28, 2014 a

nd August 14, 2014. 1 4 - 7 0 6 5 5 2W e re je c t a s without me rit B la

nc ato’ s c onte ntion in her re ply brie fs tha t the C om m issione r’ s a

nswe ring brie f should bere je c t e d a s untim e ly . AFFIRM E D.

1 4 - 7 0 6 5 5 3
**EXHIBIT 31.2**CERTIFICATIONI, Kevin Murphy, certify that: 1. I have reviewed this report on Form 10-Q of SteelCloud, Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of,and for, the periods presented in this report;  4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c. Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and 5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions): a. All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and  b. Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.       Date: September 14, 2006 By: /s/ Kevin Murphy           Name: Kevin Murphy    Title: Chief Financial Officer  
27
I 

113TH CONGRESS 

2D SESSION H. R. 5265 

To name the Department of Veterans Affairs community-based outpatient 

clinic in Hamlet, North Carolina, as the ‘‘Edward ‘Ed’ James O’Neal 

Department of Veterans Affairs Clinic’’. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Mr. HUDSON (for himself, Mr. BUTTERFIELD, Mrs. ELLMERS, Mr. JONES, 

Mr. PRICE of North Carolina, Ms. FOXX, Mr. COBLE, Mr. MCINTYRE, 

Mr. PITTENGER, Mr. MCHENRY, Mr. MEADOWS, and Mr. HOLDING) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To name the Department of Veterans Affairs communitybased outpatient clinic in Hamlet, North Carolina, as 

the ‘‘Edward ‘Ed’ James O’Neal Department of Veterans 

Affairs Clinic’’. 

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

3 SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

4 COMMUNITY-BASED OUTPATIENT CLINIC, 

5 HAMLET, NORTH CAROLINA. 

6 The Department of Veterans Affairs community7 based outpatient clinic in Hamlet, North Carolina, shall 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 5265 IH

1 after the date of the enactment of this Act be known and 

2 designated as the ‘‘Edward ‘Ed’ James O’Neal Depart3 ment of Veterans Affairs Clinic’’. Any reference to such 

4 community-based outpatient clinic in any law, regulation, 

5 map, document, record, or other paper of the United 

6 States shall be considered to be a reference to the ‘‘Ed7 ward ‘Ed’ James O’Neal Department of Veterans Affairs 

8 Clinic’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7443

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JEROME PREZZY,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Orangeburg. Charles E. Simons, Jr., Senior

District Judge. (CR-95-430-5, CA-98-1329-5)

Submitted: March 23, 1999 Decided: April 1, 1999

Before ERVIN, LUTTIG, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Prezzy, Appellant Pro Se. Marvin Jennings Caughman, Assistant United States Attorney, Columbia, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Jerome Prezzy seeks to appeal the district court’s orders

denying his motion under 28 U.S.C.A. § 2255 (West 1994 & Supp.

1998), and his Fed. R. Civ. P. 59(e) motion to alter or amend the

district court’s judgment. We have reviewed the record and the

district court’s opinion and orders and find no reversible error.

Accordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See United States

v. Prezzy, Nos. CR-95-430-5; CA-98-1329-5 (D.S.C. Aug. 20 & Sept.

11, 1998). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
---

CONSENT OF STUART E. COLLINS

The undersigned hereby consents to: (i) the filing of the written disclosure regarding the technical report entitled “Technical Report Update on the Roca Honda Project, McKinley County, New Mexico, U.S.A.” dated August 6, 2012, in
relation to (a) the Form 40-F Annual Report for the period ended December 31, 2013, and any amendments thereto (the “Form 40-F”), of Energy Fuels Inc. (the “Company”), filed with the United States Securities and Exchange
Commission, (b) the Company’s Annual Information Form for the period ended December 31, 2013 (the “AIF”) and (c) the Management Information Circular of the Company dated July 15, 2013, and the documents incorporated by reference
therein (the “Circular”); and (ii) the incorporation by reference of such disclosure into (a) the Company’s Form S-8 Registration Statement, being filed with the United States Securities and Exchange Commission and any amendments
thereto (the “S-8”), and (b) the Company’s Form F-10 Registration Statement, being filed with the United States Securities and Exchange Commission and any amendments thereto (the “F-10”).

I also consent to: (i) the use of my name in the AIF, the Circular, the Form F-10 and the Form 40-F; (ii) the incorporation by reference of the Form 40-F, and the AIF into Form S-8; and (iii) the incorporation by reference of the Form 40-F, the AIF
and the Circular into the Form F-10.

(Signed)“Stuart E. Collins”
      Stuart E. Collins, Professional Engineer

Date: March 28, 2014

|RPA Inc.55
      University Ave. Suite 501 | Toronto, ON, Canada M5J 2H7 | T+1
      (416) 947 0907 | www.rpacan.com
|--------------------------------------------------------------------------------------------------- | --------------

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