alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30304 Conference Calendar

JACOB JENNINGS, Plaintiff-Appellant,

versus RICHARD L. STALDER, Secretary, Department of Public Safety and Corrections; ED DAY, Warden, Washington Correctional Institute, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 95-CV-2754-I

- - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * Jacob Jennings, Louisiana inmate #205182, appeals the judgment for the defendants following bench trial. He challenges the conclusions of law and findings of fact by arguing, based on his selective review of the trial evidence, that there was no evidence to support the disciplinary board’s determinations ofNo. 96-30304 - 2 - rule violations. We have carefully reviewed the record and the appellate arguments. For essentially the same reasons as expressed by the magistrate judge at the close of the trial, we detect no clear error in the findings of fact or error of law in the conclusion of no due process violation. See Fed. R. Civ. P. 52(a).
AFFIRMED.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6042 Received in Senate (RDS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6042

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2022

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 213 William Hilton Parkway in Hilton Head Island, South Carolina, as 
           the ``Caesar H. Wright Jr. Post Office Building''.

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

SECTION 1. CAESAR H. WRIGHT JR. POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 213 William Hilton Parkway in Hilton Head Island, South 
Carolina, shall be known and designated as the ``Caesar H. Wright Jr. 
Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Caesar H. 
Wright Jr. Post Office Building''.

            Passed the House of Representatives December 12, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Kevin F. McCumber,

                                                          Deputy Clerk.
```
#### The People of the State of New York v. Arthur D. Jacobs.

Motion granted
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 Quarterly Report of GCI, Inc. (the "Company") on Form
10-Q for the period ended September 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, John M. Lowber, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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 Company.


Date:  November 9, 2005
                                                      /s/
                                                      John M. Lowber
                                                      Chief Financial Officer
                                                      GCI, Inc.

                                       1
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-91,859-01

EX PARTE JAMES FLORES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2018-415,113-A IN THE 137TH DISTRICT COURT

FROM LUBBOCK COUNTY

Per curiam.

O R D E R

Applicant was convicted of failure to register as a sex offender with a prior conviction and

sentenced to four years’ imprisonment. Applicant did not file a direct appeal. Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant alleges that his offense was a state-jail felony and not a second-degree felony,

resulting in his four-year sentence being outside the applicable punishment range. The trial court,

with the State’s agreement, recommends granting habeas relief. But the trial court has made

contradictory findings regarding Applicant’s previous convictions. Based on the record, it appears

that Applicant does in fact have a previous conviction for failure to register, which would indicate
2

that his offense was a third-degree felony at the minimum. Ex parte Parrot, 396 S.W.3d 531, 539

(Tex. Crim. App. 2013). Accordingly, the record should be developed. The trial court is the

appropriate forum for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court

shall order trial counsel to respond to Applicant’s claim. In developing the record, the trial court

may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall

determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by

counsel, the trial court shall appoint counsel to represent [him/her] at the hearing. See TEX. CODE

CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify

this Court of counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whether Applicant

had a previous conviction for failure to register prior to this offense date. The trial court shall make

findings of fact and conclusions of law as to whether, if he does in fact have a previous conviction

for failure to register, he can show harm in the sentence he received in this case. The trial court may

make anyother findings and conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: March 31, 2021

Do not publish
IN THE SUPREME COURT OF THE STATE OF OREGON

TIM NESBITT, ) ) Petitioner, ) ) v. ) SC S50793 ) HARDY MYERS, Attorney General, ) State of Oregon, ) ) ORDER CERTIFYING Respondent. ) BALLOT TITLE

Upon consideration by the court. Petitioner’s request for oral argument is denied. Petitioner’s arguments that the Attorney Gener al’s certified ballot title for Initiative Petition 68 (2004) does not comply subst antially with ORS 250.035 are not well taken. The court certifies to the Secretary of St ate the Attorney General’s certified ballot title for the proposed measure. Dated this 16th day of December 2003.

WALLACE P. CARSON, JR. CHIEF JUSTICE
I

104TH CONGRESS

1ST SESSION H. R. 64

To amend title 28, United States Code, to provide that a reasonable attorney’s

fee shall be awarded as a part of the cost to prevailing defendants

in Federal civil actions.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

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

Committee on the Judiciary

A BILL

To amend title 28, United States Code, to provide that

a reasonable attorney’s fee shall be awarded as a part

of the cost to prevailing defendants in Federal civil actions.

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 ‘‘Frivolous Suit Reduc5 tion Act of 1995’’.
2

•HR 64 IH

1 SEC. 2. ATTORNEYS’ FEES.

2 (a) IN GENERAL.—Chapter 123 of title 28, United

3 States Code, is amended by adding at the end the follow4 ing:

5 ‘‘§ 1932. Attorneys’ fees

6 ‘‘In any civil action in a court of the United States,

7 the court shall award a prevailing defendant a reasonable

8 attorney’s fee as part of the costs.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 123 of title 28, United States

11 Code, is amended by adding at the end the following new

12 item:

‘‘1932. Attorneys’ fees.’’.

Æ
6. Tenant’s Share. Tenant’s Proportionate Share of Expenses shall become 2.94% of allincreases in Real Estate Taxes and Operating Expenses of the Building over a 2008 Base Year.     7. Security Deposit. Prior to April 15, 2008, Tenant shall increase the SecurityDeposit by $3,466.10 from a balance of $7,607.50 prior to this Amendment to a new total of $11,073.60.     8. Contingency. Contingent upon Landlord’s receipt of a fully executed TerminationAgreement for Suite 510 from Tenant, U.S. Fiduciary, L.P.     9. Landlord’s Work. Landlord shall deliver Suite 510 in “as-is” condition.     10. Tenant’sWork. Tenant is taking possession of the Premises “asis.” Any TenantWork shall be submitted to Landlord for approval prior to the commencement of such Work.     11. Other. Tenant’s chosen vendors shall have access to Suite 510 up to five (5)business days prior to the Commencement Date for telephone and data set-up.     12. Signage. Landlord at its expense, shall install Building Standard signage and makeappropriate changes to Tenant Directory.     13. Option To Terminate. Tenant shall have a one time right to cancel the Leaseeffective October 31, 2011 with nine (9) months’s prior written notice of its intent to cancel.     14. Miscellaneous.          A. Landlord and Tenant hereby agree that (i) this Amendment is incorporated into and made apart of the Lease, (ii) any and all references to the Lease hereinafter shall include thisAmendment, and (iii) the Lease and all terms, conditions and provisions of the Lease are in fullforce and effect as to the date hereof, except as expressly modified and amended hereinabove.          B. All terms capitalized but not defined herein shall have the same meaning ascribed to suchterms in the Lease.          C. This Amendment shall be governed by and construed under the laws of the State of Illinois.
 

 
     IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Lease as of the datefirst above written.               **AGREED AND ACCEPTED:**            **LANDLORD:**   **TENANT:**               O.P., L.L.C., Inc.,   CytoCore, Inc., (fka Molecular Diagnostics,   an Illinois limited liability company   Inc.), a corporationBy: SPECTRUM REAL ESTATE SERVICES, INC.                           By: /s/ [ILLEGIBLE]   By: /s/ Robert McCullough, Jr.                                    Name:     Name: Robert McCullough, Jr.                                    Title:     Title: CEO                     
 

 
**ATTACHMENT 1**
#### COLONIAL COUNTRY CLUB v. PAUL.

No. 13970.

Court of Appeal of Louisiana. Orleans.

March 7, 1932.

*169Eugene S. Hayford, of New Orleans, for appellant.

Rolf I. Seeberg, of New Orleans, for appel-lee.

HIGGINS, J.

This is a suit by a private club against one of its members for annual dues for the year 1930 in the sum of §137.50. It is defended upon the ground that the club is the beneficiary of gambling devices, in that it operates four slot machines, out of which it derives some profit and that, therefore, no recovery can be had upon a claim based upon a gambling transaction.

There was judgment below as prayed for, and defendant has appealed.

The record indicates that the plaintiff maintains a golf course and clubhouse, and that in the men’s locker room there are four slot machines, the profits derived from the operation of which are turned in to the general fund of the club.

It must be conceded that the operation of a slot machine is contrary to the law of this state. See Act. No. 57 of 1898, as amended by Act No. 107 of 1908; State v. Abrams, 121 La. 550, 46 So. 623; Tonahill v. Molony, 156 La. 753, 101 So. 130. If this suit grew out of the operation of those machines, or had any relation to such operation, the plaintiff would have no standing in court, because gambling is contrary to the settled public policy of this state, is reprobated by law, and courts will not concern themselves with transactions contra bonos mores. Cooper v. Thompson, 20 La. Ann. 182, 96 Am. Dec. 392; Fox v. City of New Orleans, 12 La. Ann. 154, 68 Am. Dec. 766; Louisiana State Bank v. Orleans Navigation Co., 3 La. Ann. 294.

But, however objectionable the practice of permitting slot machines upon the club’s premises may be, this suit has no relation to the slot machines. It is one brought by a private club against a member for dues, which, in the aggregate, are used for the maintenance of the golf course and clubhouse in connection therewith. The revenue derived from the operation of the golf course, according to the record, amounts to the sum of fflOO'OOO per year, whereas the revenue from the slot machines is about $3,600 a year, so that the slot machines are but incidental and in no way connected with the main purposes of the club, which are athletic, social, and recreational, as stated in its charter. Defendant, or any other member who objects to the slot machines, should either resign, or, if he wishes to retain his membership, appeal to the governing authorities of the club to correct objectionable or illegal practices. In the instant case the defendant is shown to have been a member of the club for four years. He remained in the club, had the privilege of using its facilities, and did not resign, or request the officials of the club to have the slot machines removed. Therefore, he must pay his share 'of the club’s maintenance represented by the annual dues.

For the reasons assigned, the judgment is affirmed.

Affirmed.
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 The Pantry, Inc. (the Company) on Form 10-K for the year ended September 29, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Daniel J. Kelly, Vice President, and 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, to my knowledge, 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/    DANIEL J. KELLYDaniel J. KellyVice President andChief Financial OfficerDate: December 13, 2005




This
Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and shall not be incorporated by reference into any filing of the Company 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 this Report, irrespective of any general incorporation language contained in such filing.



A signed original of this written statement required by Section 906, or other documents 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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

JOSEPH L. STRICKLAND, ) ) Appellant, ) ) v. ) Case No. 2D17-3618 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed August 31, 2018. Appeal from the Circuit Court for Sarasota County; Charles E. Roberts, Judge. Joseph L. Strickland, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Katie Salemi Ashby, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

CASANUEVA, BLACK, and BADALAMENTI, JJ., Concur.
<TABLE> <S> <C>

<ARTICLE> 5

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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-28-2000
<PERIOD-END>                               JUL-29-2000
<CASH>                                            4161
<SECURITIES>                                       716
<RECEIVABLES>                                      690
<ALLOWANCES>                                         0
<INVENTORY>                                        409
<CURRENT-ASSETS>                                  6157
<PP&E>                                            1489
<DEPRECIATION>                                     930
<TOTAL-ASSETS>                                    6716
<CURRENT-LIABILITIES>                              158
<BONDS>                                              0
<COMMON>                                           250
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                        6308
<TOTAL-LIABILITY-AND-EQUITY>                      6716
<SALES>                                           2480
<TOTAL-REVENUES>                                  2480
<CGS>                                             1867
<TOTAL-COSTS>                                     1867
<OTHER-EXPENSES>                                   397
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    410
<INCOME-TAX>                                       164
<INCOME-CONTINUING>                                246
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       246
<EPS-BASIC>                                      .32
<EPS-DILUTED>                                      .32


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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Form 10-Q
for the quarter ended June 30, 1999 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> USD

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           1,794
<SECURITIES>                                    14,761
<RECEIVABLES>                                   39,979
<ALLOWANCES>                                     1,034
<INVENTORY>                                     25,955
<CURRENT-ASSETS>                                88,011
<PP&E>                                         106,962
<DEPRECIATION>                                  50,667
<TOTAL-ASSETS>                                 193,397
<CURRENT-LIABILITIES>                           48,409
<BONDS>                                         33,630
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           142
<OTHER-SE>                                     104,545
<TOTAL-LIABILITY-AND-EQUITY>                   193,397
<SALES>                                         90,978
<TOTAL-REVENUES>                                90,978
<CGS>                                           59,435
<TOTAL-COSTS>                                   59,435
<OTHER-EXPENSES>                                24,553
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,352
<INCOME-PRETAX>                                  5,638
<INCOME-TAX>                                     1,917
<INCOME-CONTINUING>                              3,721
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,721
<EPS-BASIC>                                    $0.26
<EPS-DILUTED>                                    $0.26


</TABLE>