alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 99-2991

___________ Connie Sloan, Special Administrator * of the Estate of Kevin Sloan, Deceased, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. United States of America, * * [UNPUBLISHED] Defendant - Appellee. *

___________ Submitted: March 21, 2000 Filed: March 27, 2000

___________ Before LOKEN, FAGG, and HANSEN, Circuit Judges.

___________ PER CURIAM. Air Force Sergeant Kevin Sloan underwent elective jaw surgery at the Offutt Air Force Base hospital on the morning of September 30, 1997. He suffered tragic complications in the recovery room and was brain dead that evening. Further treatment atthe University of Nebraska Medical Center was unsuccessful, and Sloan was declared legally dead on October 5. His widow, Connie Sloan, then commenced this medical malpractice action under the Federal Tort Claims Act (FTCA), alleging that the hospital’s agents failed to exercise reasonable care in monitoring and treating her1 The HONORABLE WILLIAM G. CAMBRIDGE, Chief Judge of the United

States District Court for the District of Nebraska. -2- husbandafter his surgery. Mrs. Sloan appeals the district court’s 1 dismissal of her suit for lack of subject matter jurisdiction. We affirm.
The FTCA does not waive the government’s sovereign immunity from suits for “injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” Feres v. United States , 340 U.S. 135, 146 (1950). In dismissing the complaint for lack of jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure, the district court found that Sgt. Sloan was on active duty when he began the surgery on September 30, 1997, and remained on active duty until his condition deteriorated irretrievably that night. He was placed on the temporary disability retired list (TDRL) effective October 1. Our sister circuits “have reached varying conclusions withrespect to whether an action for military medical malpractice is barred by the Feres doctrine when the plaintiff was on TDRL status at the time the alleged tort was committed.” Bradley v. United States , 161 F.3d 777, 782 (4th Cir. 1998). We need not enter that debate in this case because it is clear Sgt. Sloan was on active duty status until his condition was hopeless, beyond the time when the alleged malpractice necessarily occurred. Accordingly, Mrs. Sloan’s claims are barred by the Feres doctrine, including her derivative claims on behalf of herself and her children. See Skees v. United States , 107 F.3d 421, 422, 426 (6th Cir. 1997). The judgment of the district court is affirmed. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.1

CERTIFICATIONS

In
connection with the Quarterly Report on Form 10-Q of Accentia Biopharmaceuticals, Inc. (the Company) for the three months ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Form
10-Q), I, Francis E. ODonnell, Jr., Chairman of the Board and Chief Executive Officer of the Company, 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of
operations of the Company.

Dated: August 16, 2010



|                                                        
|--------------------------------------------------------
|/s/ Francis E. ODonnell, Jr.                           
|Francis E. ODonnell, Jr., M.D.                         
|Chief Executive Officer; Chairman of the Board; Director

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission, and is not to be
incorporated by reference into any filing of Accentia Biopharmaceuticals, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q),
irrespective of any general incorporation language contained in such filing.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS

ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Manouch Moshayedi, Chief Executive Officer of SimpleTech, Inc. (the Company), certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



(1) the Annual Report of the Company on Form 10-K for the fiscal year ended December 31, 2003, as filed with the Securities and Exchange Commission (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/    MANOUCH MOSHAYEDI                                
|                                                        
|                                                        
|Manouch Moshayedi Chief Executive Officer
March 30, 2004
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-8 (Nos. 333-46894, 333-55256, 333-85832, 333-105422, 333-114279, 333-124387, 333-136505 and 333-145436) of STEC, Inc. of our report dated March 17, 2008 relating to the financial statements and the effectiveness ofinternal control over financial reporting, which appears in this Form 10-K. 

/s/ PRICEWATERHOUSECOOPERS LLP 

Orange County, California 

March 17, 2008
Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statement on Forms S-8 (Nos. 333-35538 and 333-105263)
of PEC Solutions, Inc. of our report dated February 10, 2004, relating to the consolidated financial statements of PEC Solutions, Inc. which appears in this
Form 10-K. We also consent to the incorporation by reference of our report dated February 10, 2004 relating to the financial statement schedule, which appears in this
Form 10-K.

/s/
PricewaterhouseCoopers LLP

McLean,
Virginia
March 15, 2004

---

QuickLinks
Fourth Amendment to 2005 Nonqualified Retirement Plan



 EXHIBIT 10.2 

FOURTH AMENDMENT TO THE 

GENTIVA HEALTH SERVICES, INC. 

2005 NONQUALIFIED RETIREMENT PLAN 

WHEREAS, Gentiva Health Services, Inc. (the “Company”) maintains the Gentiva Health Services, Inc. 2005 Nonqualified Retirement
Plan (the “Plan”); and 
 WHEREAS, Section 10.3 provides that the Benefits Committee may amend the Plan from time
to time, to the extent that the amendment does not result in increased costs to the Company; and 
 WHEREAS, the Benefits
Committee wishes to amend the Plan (i) to eliminate the provision that credits each employee with forty-five (45) hours of service for each week the employee would be credited with at least one (1) hour of service under the Department
of Labor regulations, and (ii) to provide that, if an individual becomes an employee due to the acquisition by the Company or an affiliated company of substantially all of the assets or stock of such person’s previous employer, the
individual’s service with the previous employer will be treated as service with the Company for purposes of determining the individual’s hours of service under the Plan (see the First amendment below); 

NOW THEREFORE, the Plan is amended as follows: 

FIRST 

Section 2.20(c) is hereby amended in its entirety to read as follows: 

(c) If a person becomes an Employee due to the acquisition by the Company or an Affiliate of substantially all of the assets or stock of
such person’s previous employer, or because a substantial group of employees of another employer has become Employees, then such person’s service with such previous employer shall be treated as if it were service with the Company in
determining such person’s Hours of Service. 
 SECOND 

The effective date of this Fourth Amendment shall be January 1, 2010. 







 IN WITNESS WHEREOF, the Benefits Committee hereby adopts this Fourth Amendment to the
Gentiva Health Services, Inc. 2005 Nonqualified Retirement Plan. 
  

	
	BENEFITS COMMITTEE
	
	 /s/ Eugenia Spencer

	Eugenia Spencer
	
	 /s/ Douglas Dahlgard

	Doug Dahlgard
	
	 /s/ John Karr

	John Karr
	
	 /s/ Kevin Marrazzo

	Kevin Marrazzo
	
	 /s/ John R. Potapchuk

	John R. Potapchuk


 Dated: As of March 31, 2010

  

 2
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 Nuance Communications, Inc. (the Company) on Form 10-K for the year ended
December 31, 2003, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Charles W. Berger, President and Chief Executive 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) 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.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------

|March 24, 2004
      
      /s/    CHARLES W. BERGER
      Charles W. Berger
      President and Chief Executive
      Officer
|------------------------------------------------------------------------------------------------------------------------------
[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Page 18599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10373]



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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1106-DR]


Maine; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major 
disaster for the State of Maine (FEMA-1106-DR), dated March 13, 1996, 
and related determinations.

EFFECTIVE DATE: March 13, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter 
dated March 13, 1996, the President declared a major disaster under the 
authority of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), as follows:

    I have determined that the damage in certain areas of the State 
of Maine, resulting from severe storms, ice jams, and flooding on 
January 19, 1996, through February 6, 1996, is of sufficient 
severity and magnitude to warrant a major disaster declaration under 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(``the Stafford Act''). I, therefore, declare that such a major 
disaster exists in the State of Maine.
    In order to provide Federal assistance, you are hereby 
authorized to allocate from funds available for these purposes, such 
amounts as you find necessary for Federal disaster assistance and 
administrative expenses.
    You are authorized to provide Public Assistance and Hazard 
Mitigation in the designated areas. Consistent with the requirement 
that Federal assistance be supplemental, any Federal funds provided 
under the Stafford Act for Public Assistance or Hazard Mitigation 
will be limited to 75 percent of the total eligible costs.

    The time period prescribed for the implementation of section 
310(a), Priority to Certain Applications for Public Facility and Public 
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed 
six months after the date of this declaration.
    Notice is hereby given that pursuant to the authority vested in the 
Director of the Federal Emergency Management Agency under Executive 
Order 12148, I hereby appoint Kevin Merli of the Federal Emergency 
Management Agency to act as the Federal Coordinating Officer for this 
declared disaster.
    I do hereby determine the following areas of the State of Maine to 
have been affected adversely by this declared major disaster:

Piscataquis, Somerset, and Waldo Counties for Public Assistance and 
Hazard Mitigation

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
James L. Witt,
Director.
[FR Doc. 96-10373 Filed 4-25-96; 8:45 am]
BILLING CODE 6718-02-P
EXHIBIT 32.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In  connection  with  the  Quarterly  Report  of W.  S.  INDUSTRIES,  INC.  (the
"COMPANY") on Form 10-QSB for the period ending  November 30, 2007 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "REPORT"),  I,
James F. Dempsey,  President and Chief Executive Officer,  respectively,  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 my knowledge:

     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:  January 9, 2008

                                             By: /s/ JAMES F. DEMPSEY
                                                 ---------------------
                                                 James F. Dempsey
                                                 Chief Executive Officer
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6807

BERNARD MEEKS , Petitioner

- Appellant ,

v. ANNE L. PRECYTHE, Director of the Missouri Department of Corrections; MARK R. HERRING, Attorney General of Virginia , Respondents

- Appellees , and HAROLD W. CLARKE, Director of the Virginia Department of Corrections , Respondent

.

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

. Mark S. Davis , Chief District Judge. ( 2:18

- cv
- 00410

- MSD

- RJK )

Submitted : September 24, 2020 Decided: September 29, 2020

Before HARRIS and RICHARDSON , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.2 Bernard Meeks, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
Bernard Meeks seeks to appeal the district court’s order s dismissing his 28 U.S.C. § 2254 petition and denying relief on his postjudgment motion . The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge
recommended dismissing the petition and advised Meeks that failure to file timely objec tions to this recommendation could waive appellate review of a district court order based upon the recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Martin v

. Duffy , 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins , 766 F.2d 841, 846

- 47 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 , 154

- 55 (1985). Meeks has waived appellate review by failing to file objections to the magistrate judge’s recommendation after receiving proper
notice. In addition, we discern no basis for granting a certificate of appealability on the denial of Meeks’ postjudg ment motion. Accordingly, we deny Meeks’ motions for appointment of counsel and a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials befor e this court and argument would not aid the decisional process.
DISMISSED
#### Robert SYKES, Jr. (Appellant), v. KANSAS CITY, MISSOURI SCHOOL DISTRICT (Respondent).

No. WD 50287.

Missouri Court of Appeals, Western District.

May 30, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Aug. 1, 1995.

Application to Transfer Denied Sept. 19, 1995.

Michael S. Shipley, Liberty, for appellant.

Dora E. Reid, Kansas City, for respondent.

Before FENNER, C.J., P.J., and BRECKENRIDGE and SPINDEN, JJ.

PER CURIAM.

*ORDER*

Appeal from portion of order of Labor and Industrial Relations Commission affirming an award of the Administrative Law Judge denying temporary total disability benefits.

Judgment affirmed. Rule 84.16(b).
I 

118TH CONGRESS 

1ST SESSION H. R. 5712 

To designate the facility of the United States Postal Service located at 

220 Fremont Street in Kiel, Wisconsin, as the ‘‘Trooper Trevor J. 

Casper Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mr. GROTHMAN (for himself, Mr. STEIL, Mr. POCAN, Mr. VAN ORDEN, Ms. 

MOORE of Wisconsin, Mr. FITZGERALD, Mr. TIFFANY, and Mr. GALLAGHER) introduced the following bill; which was referred to the Committee 

on Oversight and Accountability 

A BILL 

To designate the facility of the United States Postal Service 

located at 220 Fremont Street in Kiel, Wisconsin, as 

the ‘‘Trooper Trevor J. Casper Post Office Building’’. 

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

3 SECTION 1. TROOPER TREVOR J. CASPER POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 220 Fremont Street in Kiel, Wis7 consin, shall be known and designated as the ‘‘Trooper 

8 Trevor J. Casper Post Office Building’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5712 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Trooper Trevor J. 

5 Casper Post Office Building’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
#### Kimberly K. KIPPING, Appellant, v. Lawrence J. KIPPING, Jr., Respondent.

No. WD 49370.

Missouri Court of Appeals, Western District.

Aug. 30, 1994.

Kimberly K. Kipping, pro se.

Jack R. Grate, Jr., Independence, for respondent.

Before ELLIS, P.J., and BERREY and SMART, JJ.

*ORDER*

PER CURIAM:

Appeal from trial court’s order denying petitioner’s motion to set aside a modification order.

The judgment is affirmed. Rule 84.16(b).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6417

EARL C. BEVINS; DELPHINE BEVINS,

Plaintiffs - Appellees,

versus

RICHARD L. EVANS; FRANK M. PECK, JR.,

Defendants - Appellants.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph Robert Goodwin,

District Judge. (CA-97-0256)

Submitted: June 19, 1997 Decided: June 30, 1997

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Richard L. Evans, Frank M. Peck, Jr., Appellants Pro Se. P. Nathan

Bowles, Jr., BOWLES, RICE, MCDAVID, GRAFF & LOVE, Charleston, West

Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellants appeal from the district court's order remanding

this case to the state court from which they sought to remove it.

A district court order remanding a case to the state court from

which it was removed is not reviewable on appeal absent special

circumstances, not applicable here. 28 U.S.C. § 1447(d) (1994); see

Things Remembered, Inc. v. Petrarca, ___ U.S. ___, 64 U.S.L.W.

4035, 4036 (U.S. Dec. 5, 1995) (No. 94-1530). We therefore dismiss

the appeal. We deny Appellants' motion to place the addendum to informal brief under seal and 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
**EXHIBIT
      32**


**CERTIFICATION**


**OF**


**CHIEF
      EXECUTIVE OFFICER**


**AND**


**CHIEF
      FINANCIAL OFFICER**


**PURSUANT
      TO 18 U.S.C. 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




I,
      Richard Man Fai Lee, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on
      Form
      10-Q of China Premium Lifestyle Enterprise, Inc. for the quarter ended June
      30,
      2008 fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 and that information contained in such Quarterly
      Report on Form 10-Q fairly presents, in all material respects, the financial
      condition and results of operations of China Premium Lifestyle Enterprise,
      Inc.




I,
      Joseph
      Tik Tung Wong, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on
      Form
      10-Q of China Premium Lifestyle Enterprise, Inc. for the quarter ended June
      30,
      2008 fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 and that information contained in such Quarterly
      Report on Form 10-Q fairly presents, in all material respects, the financial
      condition and results of operations of China Premium Lifestyle Enterprise,
      Inc.




By:
            /s/
                Richard Man Fai LeeRichard
                Man Fai LeeChief
                Executive Officer(Principal
                Executive Officer)By:
            /s/
                Joseph Tik Tung WongJoseph
                Tik Tung WongChief
                Financial Officer(Principal
                Financial and Accounting Officer)




August
      11, 2008