alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 T H C IR

. 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this opinion should not be published and is not precedent except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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

April 8, 2003

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-31031

Summary Calendar

KARSTON KEELEN,

Plaintiff-Appellant,

versus

BURL CAIN,

Defendant-Appellee.

-------------------- Appeal from the United States District Court

for the Middle District of Louisiana

(01-CV-332-C)

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

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Karston Keelen, Louisiana prisoner #

125690, appeals the denial of various motions in relation to a 42

U.S.C. § 1983 complaint that he filed p ro se against Warden Burl

Cain. The district court denied the pending motions without

prejudice, noting that the case was currently on appeal to this

court. We lack jurisdiction over the denial of Keelen’s motion for

a temporary restraining order. S ee Faulder v. Johnson

, 178 F.3d

741, 742 (5th Cir. 1999). The district court did not abuse its2

discretion in denying Keelen’s motion for a preliminary injunction,

see Women’s Med. Ctr. v. Bell

, 248 F.3d 411, 419 n.15 (5th Cir.

2001), or in denying other relief. Keelen’s appeal is without

arguable merit and is thus DISMISSED as frivolous. S ee Howard v.

King , 707 F.2d 215, 220 (5th Cir. 1983); 5 TH C IR

. R. 42 .2. The

dismissal of this appeal as frivolous counts as a “strike” for

purposes of 28 U.S.C. § 1915(g). S ee Adepegba v. Hammons

, 103 F.3d

383, 387-88 (5th Cir. 1996). We CAUTION Keelen that if he

accumulates three or more “strikes” under § 1915(g), he will not be

allowed to proceed in forma pauperis 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. S ee

§ 1915(g).

APPEAL DISMISSED.
2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 1 of 36    Pg ID 8323

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 2 of 36    Pg ID 8324

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 3 of 36    Pg ID 8325

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 4 of 36    Pg ID 8326

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 5 of 36    Pg ID 8327

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 6 of 36    Pg ID 8328

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 7 of 36    Pg ID 8329

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 8 of 36    Pg ID 8330

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 9 of 36    Pg ID 8331

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 10 of 36    Pg ID 8332

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 11 of 36    Pg ID 8333

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 12 of 36    Pg ID 8334

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 13 of 36    Pg ID 8335

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 14 of 36    Pg ID 8336

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 15 of 36    Pg ID 8337

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 16 of 36    Pg ID 8338

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 17 of 36    Pg ID 8339

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 18 of 36    Pg ID 8340

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 19 of 36    Pg ID 8341

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 20 of 36    Pg ID 8342

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 21 of 36    Pg ID 8343

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 22 of 36    Pg ID 8344

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 23 of 36    Pg ID 8345

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 24 of 36    Pg ID 8346

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 25 of 36    Pg ID 8347

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 26 of 36    Pg ID 8348

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 27 of 36    Pg ID 8349

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 28 of 36    Pg ID 8350

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 29 of 36    Pg ID 8351

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 30 of 36    Pg ID 8352

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 31 of 36    Pg ID 8353

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 32 of 36    Pg ID 8354

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 33 of 36    Pg ID 8355

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 34 of 36    Pg ID 8356

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 35 of 36    Pg ID 8357

2:09-md-02042-SFC   Doc # 358   Filed 05/09/13   Pg 36 of 36    Pg ID 8358
H. Res. 760 

In the House of Representatives, U. S., 

September 23, 2009. 

Resolved, That upon the adoption of this resolution it 

shall be in order to consider in the House the bill (H.R. 324) 

to establish the Santa Cruz Valley National Heritage Area, 

and for other purposes. All points of order against consideration of the bill are waived except those arising under clause 

9 or 10 of rule XXI. The amendment printed in the report 

of the Committee on Rules accompanying this resolution shall 

be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the 

bill, as amended, are waived. The previous question shall be 

considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking 
2 

•HRES 760 EH 

minority member of the Committee on Natural Resources; 

and (2) one motion to recommit with or without instructions. 

Attest: 

Clerk.
#### STATE of Missouri, Respondent, v. Fredrick TAYLOR, Appellant. Fredrick Henry TAYLOR, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 48883, 50223.

Missouri Court of Appeals, Western District.

Dec. 5, 1995.

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before FENNER, C.J., P.J., and ULRICH and SMITH, JJ.

*ORDER*

PER CURIAM.

Appeal from convictions of two counts of forcible rape, § 566.030, RSMo 1994, two counts of forcible sodomy, § 566.060, RSMo 1994, one count of burglary in the first degree, § 569.160, RSMo 1994, one count of stealing, § 570.030, RSMo 1994, as a prior, persistent, and class X offender, §§ 558.016, RSMo 1994, 558.019, RSMo 1994, as a persistent sexual offender, § 558.018, RSMo 1994, and the denial of his 29.15 motion for post-conviction relief.

Judgments of conviction and the denial of the Rule 29.15 motion are affirmed. Rule 30.25(b) and Rule 84.16(b).
<TABLE> <S> <C>


<ARTICLE> 5

<LEGEND>
This Schedule contains summary financial information extracted
from the Financial statements contained in the body of the Form
10-K and is qualified in its entirety by reference to such Financial
statements.
</LEGEND>

<MULTIPLIER> 1000

       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>             DEC-31-1998
<PERIOD-START>                JAN-01-1998
<PERIOD-END>                  DEC-31-1998
<CASH>                        54,214
<SECURITIES>                  3,500
<RECEIVABLES>                 14,241
<ALLOWANCES>                  (640)
<INVENTORY>                   8,091
<CURRENT-ASSETS>              82,347
<PP&E>                        2,897
<DEPRECIATION>                (1,566)
<TOTAL-ASSETS>                83,869
<CURRENT-LIABILITIES>         18,432
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      143
<OTHER-SE>                    65,007
<TOTAL-LIABILITY-AND-EQUITY>  83,869
<SALES>                       72,476
<TOTAL-REVENUES>              72,476
<CGS>                         47,406
<TOTAL-COSTS>                 64,660
<OTHER-EXPENSES>              0
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            (1,924)
<INCOME-PRETAX>               9,740
<INCOME-TAX>                  3,806
<INCOME-CONTINUING>           5,934
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  5,934
<EPS-PRIMARY>                 0.42
<EPS-DILUTED>                 0.39
        


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
     annual  financial  statements of GS Financial  Products  U.S.,  L.P. and is
     qualified  in its  entirety  by  reference  to  such  financial  statements
     contained in GS Financial  Products  U.S.,  L.P.'s Form 10-K for the fiscal
     year ended November 27, 1998.
</LEGEND>
<CIK>                         0000914720
<NAME>                        GS Financial Products U.S., L.P.
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              NOV-27-1998
<PERIOD-END>                                   NOV-27-1998
<CASH>                                         293,636
<SECURITIES>                                   38,828
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 460,794
<CURRENT-LIABILITIES>                          2,573
<BONDS>                                        209,033
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   460,794
<SALES>                                        0
<TOTAL-REVENUES>                               27,244
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               1,964
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             15,728
<INCOME-PRETAX>                                9,552
<INCOME-TAX>                                   382
<INCOME-CONTINUING>                            9,170
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   9,170
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0

<FN>
<F1>
Notes
------------------
Balances  relating to  derivative  transactions  are not  reflected in the above
figures.
</FN>


        

</TABLE>
I

104TH CONGRESS

2D SESSION H. R. 3620

To amend the Act of October 11, 1974 (Public Law 93–440; 88 Stat.

1257), to provide for the continued operation of certain tour businesses

in recently acquired areas of Big Cypress National Preserve.

IN THE HOUSE OF REPRESENTATIVES

JUNE 12, 1996

Mr. GOSS introduced the following bill; which was referred to the Committee

on Resources

A BILL

To amend the Act of October 11, 1974 (Public Law 93–

440; 88 Stat. 1257), to provide for the continued operation of certain tour businesses in recently acquired areas

of Big Cypress National Preserve.

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

3 Section 6 of the Act of October 11, 1974 (Public Law

4 93–440; 16 U.S.C. 698k), is amended by inserting ‘‘(a)’’

5 after ‘‘SEC. 6.’’, and by adding at the end the following

6 new subsection:

7 ‘‘(b) The Secretary may permit any person that, from

8 within the incorporated limits of Everglades City, Florida,
2

•HR 3620 IH

1 continuously provided motorized waterborne tours on navi2 gable waters within the Big Cypress National Preserve

3 Addition since December 18, 1992, to continue providing

4 those tours in accordance with requirements established

5 by the Secretary.’’.

Æ
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MINTO MIAH,

Plaintiff,

v. Case Number: 09-CV-1230

Honorable Denise Page Hood

LEHMAN BROTHERS BANK, n/k/a

AURORA BANK, FSB and AURORA

LOAN SERVICES, LLC, 

Defendants.

______________________________________/

JUDGMENT

IT IS ORDERED AND ADJUDGED that pursuant to this Court’s Opinion and Order

dated September 27, 2010 , this cause of action is DISMISSED.

Dated at Detroit, Michigan this 27th day of September , 2010.

DAVID J. WEAVER

CLERK OF THE COURT

BY: s/ Wm. F. LEWIS 

 Deputy Clerk

APPROVED:

s/ DENISE PAGE HOOD 

DENISE PAGE HOOD

UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon counsel of record

on September 27, 2010, by electronic and/or ordinary mail.

S/William F. Lewis 

Case Manager
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RUTH MOSHOLDER,

Plaintiff.

vs

Case No: 09-CV-11829-DT

PATRICIA BARNHARDT AND

DEWAYNE BUTRON,

Defendants.

 

FINAL JUDGMENT

The above-entitled action having come on to be heard, and the jury sworn to try the

case having returned a verdict in favor of the defendant and against the plaintiff on

February 7, 2013, therefore

IT IS ORDERED AND ADJUDGED that the plaintiff take nothing, that this action be

dismissed on the merits, and that the defendant recover of the plaintiff its costs of action.

Dated at Detroit, Michigan, on the 8th day of February 2013.

DAVID WEAVER

CLERK OF THE COURT

BY: _s/Lisa Wagner

Case Manager and Deputy Clerk to 

Judge Robert H. Cleland

APPROVED:

_s/Robert H. Cleland

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

2:09-cv-11829-RHC-LJM Doc # 61 Filed 02/08/13 Pg 1 of 1 Pg ID 985
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent tothe incorporation by reference in Registration Statement Nos. 333-102593, 333-104958, 333-107756, and 333-108889 on Form S-3 and Registration Statement No. 333-160116 on Form S-8 of our reports dated March 8, 2011, relating to thefinancial statements of Dot Hill System Corp. and subsidiaries (the “Company”), and the effectiveness of the Company’s internal control over financial reporting, appearing in this Annual Report on Form 10-K of the Company for the yearended December 31, 2010. 

/s/    Deloitte & Touche LLP 

Denver, Colorado 

March 8, 2011
ex101.htm




Exhibit 10.1




 


CONVERTIBLE PROMISSORY NOTE


 







 


$8,500                                                                                                       January 8, 2012


 


 


FOR VALUE RECEIVED, the undersigned, New Century Resources Corporation, a Nevada corporation (“NCR”), promises to pay to the order of George Christodoulou, his successors or assigns (“Christodoulou”) the principal sum of EIGHT THOUSAND FIVE HUNDRED ($8,500.00), together with interest thereon at the rate of 10% per annum at NCRs offices  on or before the expiration of two years from date.


 


Christodoulou shall have the option, at any time, commencing upon the execution hereof to convert the outstanding principal and interest of this Note into fully-paid and nonassessable shares of NCR’s Common Stock. The conversion rate shall be the total principal and accrued interest outstanding or any part thereof as determined solely by Christodoulou, divided by the par value of NCR ($.001).


 


To exercise any conversion, the holder of this Note shall surrender the Note to NCR during usual business hours at the office of NCR, accompanied by a written notice to convert all or a portion of the principal and interest outstanding. NRC then agrees to direct NCR’s transfer agent to issue certificates for the full number of Shares issuable upon conversion or any subsequent conversion under this note to Christodoulou, his nominees, successors or assigns.


 


This Note may not be prepaid in whole or in part, at any time, without the prior written consent of Christodoulou.


 


NCR hereby waives protest, notice of protest, presentment, dishonor and demand. The rights and privileges of Christodoulou under this Note shall inure to the benefit of his successors and assigns. This Note may not be waived, changed, modifies, or discharged orally, but only in writing.


 


IN WITNESS WHEREOF, the undersigned has executed this Convertible Promissory Note as of the date first set forth above.


 


NEW CENTURY RESOURCES CORPORATION


 







 


___________________________


 


By: George Christodoulou


 


Its: President
a50846713ex10_1.htm









	
  

	
EXHIBIT 10.1


















Named Executive Officers Long-Term Equity Incentive Fiscal Year 2015 Awards
















	
Executive Officer

	
Restricted Stock* 


(Performance-


Based Vesting) (#)

	
Restricted Stock* 


(Time-Based 


Vesting) (#)

	
Restricted Stock* 


(Performance-


Based Vesting 


TSR) (#)

	
Restricted Stock* 


(Performance-


Based Vesting


e-Comm Sales) (#)


	
Charles H. Turner

	  	  	  	  
	  	
Senior Executive Vice President,


Chief Financial Officer

	
8,686

	
9,927

	
6,202

	
9,307


	 	 	 	 	 	 
	 	 	 	 	 	 
	
Michael R. Benkel

	  	  	  	  
	  	
Executive Vice President,      


Planning and Allocations

	
6,583

	
7,523

	
4,702

	
7,052







 



	 	 	 	 	 
	
Catherine David

	  	  	  	  
	
 

	
Executive Vice President,


Merchandising

	
7,863

	
8,986

	
5,617

	
8,425


	 	 	 	 	 	 
	 	 	 	 	 	 
	
Sharon M. Leite

	  	  	  	  
	  	
Executive Vice President,


Sales and Customer Experience

	
7,314

	
8,359

	
5,225

	
7,837











 



	
  *  

	
All equity awards were granted under the Pier 1 Imports, Inc. 2006 Stock Incentive Plan, restated as amended through March 25, 2011.  The respective forms of award agreements are attached as Exhibits 10.2, 10.3, 10.4 and 10.5.  The grants were effective April 11, 2014.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOHNNIE LEROY STANLEY,

Case No. 09-12202

Petitioner,

Hon. Victoria A. Roberts

v.

MICHAEL LEIBSON,

Respondent.

_________________________________/

ORDER

This matter is before the Court on pro se Petitioner Johnnie Lee Stanley’s Motion

for Reconsideration [Dkt #12], filed pursuant to Local Rule 7.1.

Motions for reconsideration may be granted pursuant to Local Rule 7.1(h)(3)

when the moving party shows (1) a “palpable defect,” (2) that misled the court and the

parties, and (3) that correcting the defect will result in a different disposition of the case.

E.D. Mich. LR 7.1(h)(3). A “palpable defect” is a defect which is obvious, clear,

unmistakable, manifest, or plain. Mich. Dep’t of Treasury v. Michalec, 181 F. Supp. 2d

731, 734 (E.D. Mich. 2002) (citations omitted). 

Because Petitioner fails to make the required showing, the Court DENIES the

Motion.

IT IS ORDERED.

s/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: August 26, 2010
The undersigned certifies that a copy of this

document was served on the attorneys of

record and Johnny Leroy Stanley by

electronic means or U.S. Mail on August 26,

2010.

s/Linda Vertriest 

Deputy Clerk
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Suprem e Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk September 2 4, 2012

d0917 

# Order

September 24, 2012

144662(18)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144662

COA: 307264

Mecosta CC: 10

- 006998

- FC

CLIFFORD LEE CRYSLER,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s June 25, 2012

order is considered, and it is DENIED, because it does not appear that the order was

entered erroneously.
INDEX OF EXHIBITS

A. Police Report 

B. Defendant Shepard and Brasgalla Activity Log 

C. Search Warrant 

D. Deposition Transcript of Plaintiff Denessa Westbrook 

E. Diagram of Plaintiffs’ house 

F. Deposition Transcript of Defendant Brasgalla 

G. Deposition Transcript of Defendant Howitt 

H. Deposition Transcript of Defendant Davis 

I. Deposition Transcript of Defendant Weekley 

J. Deposition Transcript of Defendant Chester 

K. Deposition Transcript of Defendant Hayes 

L. Deposition Transcript of Defendant Shepard 

M. Deposition Transcript of Plaintiff Martin Westbrook 

N. Deposition Transcript of Plaintiff April Westbrook 

O. Deposition Transcript of Dollinger 

P. Deposition Transcript of C. Anderson 

Q. Photographs of Dogs 

R. Wilson v. Boyce Wilkins, et. al., 2010 U.S. App. LEXIS 976; 2010 FED App. 

0030N (6th Cir.) 

S. Davis v. Randall Bergeon, et. al., 1999 U.S. App. LEXIS 17984 

T. Binay v. Bettendorf, 2010 U.S. App. LEXIS 8084; 2010 FED App. 0111P (6th

Cir.) 

U. Jackson v. MacKinnon, et. al., 1997 U.S. Dist. LEXIS 12128 

2:09-cv-11457-NGE-RSW Doc # 34-1 Filed 05/06/10 Pg 1 of 1 Pg ID 198
<PAGE>   1
                                                                     EXHIBIT 23



                       Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-67083) pertaining to The Bibb Company 1997 Omnibus Stock
Incentive Plan, Dan River Inc. Amended and Restated Stock Option Plan, as
Amended, Dan River Inc. 1997 Stock Incentive Plan, Dan River Inc. 1997 Stock
Plan for Outside Directors of our report dated February 10, 1999, with respect
to the consolidated financial statements and schedule of Dan River Inc.
included in this Annual Report (Form 10-K) for the year ended January 2, 1999.


                                        /s/ ERNST & YOUNG LLP

Greensboro, North Carolina
March 25, 1999