alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions 10th Cir. R. 36.3.



### UNITED STATES COURT OF APPEALS Filed 8/15/96 TENTH CIRCUIT
WILLIAM GARY MATTHEWS, Plaintiff-Appellant,

v. RON LYTLE, Associate Warden; SUSAN CHANCELLOR, Property Officer; LAWRENCE BARRERAS, Warden, Defendants-Appellees. No. 96-2006 (D.C. No. CIV-95-1336-JP) (Dist. N.M.)



### ORDER AND JUDGMENT *

Before SEYMOUR , Chief Judge, KELLY and LUCERO , Circuit Judges. After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The c ause is therefore ordered submitted without oral argument. Mr. William G. Matthews filed this pro se action un der 42 U.S.C. § 1983,1 The district court granted Mr. Matthew’s motion f or leave to proceed in forma pauperis on appeal. -2- alleging that several state prison officials were r esponsible for the theft of his personal property in violation of his right to due process and right against unreasonable search and seizure. The district court dismissed Mr. Matthew’s complaint for failure to state a claim upon which r elief can be granted. Matthews appeals. 1 Mr. Matthews submitted an “Inmate Grievance Form” c laiming that his hobby shop property, which was in a locked room, was stol en by unknown persons. The grievance was settled in favor of Mr. Matthews and he received compensation for the loss of his property. He asserts he received insuf ficient remuneration because the prison discounted the value of the property and ignored t he work he had put into the finished product. The district court held that Mr. Matthews had recei ved a meaningful postdeprivation remedy and that there was consequentl y no constitutional violation, citing Hudson v. Palmer , 468 U.S. 517 (1984). We agree and AFFIRM substantially for the reasons given by the district court. The mandate shall issue forthwith. ENTERED FOR THE COURT Stephanie K. Seymour Chief Judge
[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Notices]
[Page 51637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20505]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1407-000]


San Diego Gas & Electric Company; Notice of Filing

August 27, 2008.
    Take notice that on August 14, 2008, San Diego Gas & Electric 
Company filed its Transmission Owner Formula 3 Cycle 2 and Transmission 
Owner Formula 2 Final True-Up filing pursuant to section 205 of the 
Federal Power Act and the Settlement the Commission Approved on May 18, 
2007.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). 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 notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#62242730212d0c0e0b0c07311712120d101622040710014c050d14"><span class="__cf_email__" data-cfemail="88cecddacbc7e6e4e1e6eddbfdf8f8e7fafcc8eeedfaeba6efe7fe">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on September 4, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-20505 Filed 9-3-08; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 115 Introduced in House (IH)]

107th CONGRESS
  2d Session
H. J. RES. 115

  To consent to certain amendments enacted by the legislature of the 
      State of Hawaii to the Hawaiian Homes Commission Act, 1920.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2002

 Mr. Abercrombie introduced the following joint resolution; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                            JOINT RESOLUTION

 
  To consent to certain amendments enacted by the legislature of the 
      State of Hawaii to the Hawaiian Homes Commission Act, 1920.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONSENT TO AMENDMENTS.

    As required by section 4 of the Act entitled ``An Act to provide 
for the admission of the State of Hawaii into the Union'', approved 
March 18, 1959 (73 Stat. 4), the United States hereby consents to the 
following amendments to the Hawaiian Homes Commission Act, 1920, 
adopted by the State of Hawaii in the manner required for State 
legislation: Act 302 of the Session Laws of Hawaii, 2001.
                                 <all>
```
#### The People of the State of New York, Respondent, v Theodore Duell, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: The judgment must be reversed because the court permitted expert testimony of child sexual abuse accommodation syndrome for the purpose of proving that the child was sexually abused *(see, People v Bowker,*203 Cal App 3d 385, 249 Cal Rptr 886; *cf., People v Banks,*75 NY2d 277). Because there will be a new trial, we note that the court, in its *Sandoval*ruling, should have precluded the prosecutor from using, on cross-examination, defendant’s conviction for possession of child pornographic material. The probative value of that conviction on the question of defendant’s credibility is outweighed by the prejudice to defendant in suggesting to the jury that defendant had a propensity to commit the offense of sexual abuse of a child. (Appeal from judgment of Supreme Court, Monroe County, Doyle, J.—sexual abuse, first degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.
# Fourth Court of Appeals

San Antonio, Texas

January 12, 2023

No. 04

- 23

- 00027

- CV

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Original Mandamus Proceeding 1

ORDER

Sitting: Rebeca C. Martinez

, Chief Justice

Luz Elena D. Chapa , Justice

Liza A. Rodriguez , Justice

On January 12, 2023, relator filed a petition for writ of mandamus. Relator also filed a

motion asking this court to stay two decretal paragraphs in the trial court’s January 11, 2023

order titled “Order Continuing Placement Review Hearing and Show Cause Hearing and Interim

Orders.”

This court believes a serious question concerning the mandamus reli ef sought requires

further consideration. See T EX

. R. A PP

. P. 52.8(b). R espondent and r eal p ar ties in i nterest may

file a response to the petition in this court no later tha n January 2 7

, 2023

. Any such response

must conform to Texas Rule of Appellate Procedure 52.4.

We ORDER relator to file, no later than January 23, 2023 the transcript of the January

11, 2023 hearing.

We GRANT the motion for temporary emergency relief in part as follows:

1. The following decretal paragraphs i n the trial court’s January 11, 2023

order are STAYED pending further order of this court:

IT IS FURTHER ORDERED that the Department shall provide

[M.S.V.L.] tutoring services at the current placement. The tutoring

services shall be for a minimum of two h ours. The tutoring services shall

be provided on a daily basis, including weekends and holidays. The

1 This proceeding arises out of Cause No. 2020

- PA

- 02106 , styled In the Interest of M.S.V.L., a Child , pending in the

288th Judicial District Court

, Bexar County, Texas, the Honorable Mary Lou A lvarez presiding.Department shall provide those tutoring services beginning on January 12,

2023.

IT IS FURTHER ORDERED that ROCHELL ACEVEDO, appointed as

the Attorney ad L item for [M.S.V.L.], and KATY PADILLA STOUT

shall conduct a deposition of the representatives of the Department before

January 18, 2023. The deposition shall focus on the following issues: (1)

[M.S.V.L.] being removed from her mother’s care after the July 26, 2022

placement; (2) [M.S.V.L.] running away from a shelter in New Braunfels

in October 2022 and no order for a writ of attachment being filed; (3)

[M.S.V.L.] being arrested and detained in the Bexar County Jail on or

about December 17, 2022; (4) the fu ll details surrounding the facts of

[M.S.V.L.’s] December 17th arrest; and (5) the facts regarding

[M.S.V.L.’s] detention at the Bexar County Jail.

It is so ORDERED on January 12, 2023

.

PER CURIAM

ATTESTED TO:

________________________

MICHAEL A. CRUZ

, CLERK OF COURT
<PAGE>

                                                                    EXHIBIT 32.1

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code

      I, Thomas M. O'Flynn, Chief Financial Officer of Public Service Enterprise
Group Incorporated, to the best of my knowledge, certify that (i) the Quarterly
Report of Public Service Enterprise Group Incorporated on Form 10-Q for the
period ended June 30, 2006 (the "Report") fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of Public Service Enterprise
Group Incorporated.

                                 /s/ Thomas M. O'Flynn
                                ------------------------------------------------
                                 Thomas M. O'Flynn
                                 Public Service Enterprise Group Incorporated
                                 Chief Financial Officer
                                 August 1, 2006
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM POLAROID
CORPORATION'S FORM 10-Q FOR THE NINE MONTHS ENDED OCTOBER 1, 2000 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               OCT-01-2000
<CASH>                                          61,000
<SECURITIES>                                         0
<RECEIVABLES>                                  466,800
<ALLOWANCES>                                  (25,200)
<INVENTORY>                                    494,300
<CURRENT-ASSETS>                             1,145,100
<PP&E>                                       1,971,300
<DEPRECIATION>                               1,398,000
<TOTAL-ASSETS>                               2,038,300
<CURRENT-LIABILITIES>                          765,000
<BONDS>                                        573,400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        75,400
<OTHER-SE>                                     308,800
<TOTAL-LIABILITY-AND-EQUITY>                 2,038,300
<SALES>                                      1,349,400
<TOTAL-REVENUES>                             1,349,400
<CGS>                                          732,100
<TOTAL-COSTS>                                1,241,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 3,500
<INTEREST-EXPENSE>                              62,800
<INCOME-PRETAX>                                 67,100
<INCOME-TAX>                                    23,500
<INCOME-CONTINUING>                             43,600
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    43,600
<EPS-BASIC>                                       0.97
<EPS-DILUTED>                                     0.96


</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: H.R.L.,

 Relator.

'

'

'

'

'

No. 08-14-00053-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

J U D G M E N T

The court has considered this cause on the Relator=s petition for writ of mandamus 

against the Honorable Mike Herrera, Judge of the 383rd District Court of El Paso, Texas, and 

conditionally grants relief, in accordance with the opinion of this court. The writ will issue only 

if the trial court fails to comply with this opinion.

All costs herein having been paid, no further order is made with respect thereto.

IT IS SO ORDERED THIS 29TH DAY OF AUGUST, 2014.

ANN CRAWFORD McCLURE, Chief Justice 

Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### Jesse Jesus SOLIZ, Plaintiff-Appellant, v. Nannett HASSETT; Jerry Batek; John Gilmore; Linda Harrison; Oscar Soliz; Patrick McGuire; Larry Olivarez; Director Texas Department of Criminal Justice, Institutional Division; Chairman Texas Board of Criminal Justice; John Doe Defendants, Defendants-Appellees.

No. 03-40170

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 4, 2003.

*332Before SMITH, DEMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Jesse Jesus Soliz, Texas prisoner #496252, appeals from the dismissal of his 42 U.S.C. § 1983 action as frivolous, for failure to state a claim, and for seeking relief against immune defendants. Soliz challenges his state habeas corpus proceedings and his transfer to the state prison system following revocation of his parole. Soliz moves to supplement the record; his motion is DENIED.

Soliz contends that he was deprived of access to the courts by the actions of the state trial court during state habeas corpus proceedings. Defects in state habeas corpus procedures “do not constitute grounds for relief in federal court.” *Trevino v. Johnson,*168 F.3d 173, 180 (5th Cir.1999).

Soliz contends that he was deprived of his right of access to trial counsel and of his right to communicate with the outside world by being transferred to the custody of the state prison system. Soliz had no constitutionally protected right to incarceration in any particular facility. *See Olim v. Wakinekona,*461 U.S. 238, 244-45, 103 S.Ct. 1741, 75 L.Ed.2d 813 (1983).

Soliz contends that the district court erred by failing to make any findings regarding his claim that defense counsel and the prosecutor conspired to prosecute him maliciously. Soliz states that his civil rights were violated by the two defendants, but does not allege facts or argue law to support that proposition. Soliz has failed to brief the issue for appeal. *Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987).

Soliz’s appeal is without arguable merit and is frivolous. *Howard v. King,*707 F.2d 215, 219-20 (5th Cir.1983). Soliz is warned that the dismissal of his complaint counts as a strike for purposes of 28 U.S.C. § 1915(g) and that the dismissal of his appeal counts as a second strike. *Ade*
      *333
      *pegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). When Soliz accumulates three strikes he will not be allowed to bring a civil action or appeal a judgment in forma pauperis unless he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

APPEAL DISMISSED. 5th Cíe. R. 42.2.

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.
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). 

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than September 23, 2008. 

**A. Federal Reserve Bank of St. Louis**                     (Glenda Wilson, Community Affairs Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:                 

*1. The O'Laughlin Group, which consists of Frances L. O'Laughlin, Mesa, Arizona; Terrence L. O'Laughlin, Fayette, Missouri; Jeffrey B. O'Laughlin, Ashland, Missouri; Russell L. O'Laughlin and Kelly D. Wilt, both of Shelbina, Missouri*; to acquire control of Community State Bancshares, Inc., and thereby indirectly acquire control of Community State Bank, both of Shelbina, Missouri.                 

*2. Donna Joyce Ramsey, individually and as trustee of the Richard D. Ramsey Revocable Trust*, Macon, Missouri, to acquire control of Community State Bancshares, Inc., and thereby indirectly acquire control of Community State Bank, both of Shelbina, Missouri.                 

Board of Governors of the Federal Reserve System, September 3, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8-20718 Filed 9-5-08; 8:45 am]

BILLING CODE 6210-01-S
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1945

JOHN PAUL TURNER,

Plaintiff - Appellant,

versus

FEDERAL BUREAU OF INVESTIGATION; VIRGINIA

DEPARTMENT OF CORRECTIONS; VIRGINIA STATE

POLICE; U.S. DRUG ENFORCEMENT AGENCY; UNITED

STATES POSTAL SERVICE; AUGUSTA COUNTY SHERIFF'S DEPARTMENT; UNITED STATES FOREST SERVICE; INTERNAL REVENUE SERVICE; THE UNITED

STATES DEPARTMENT OF EDUCATION; VIRGINIA DEPARTMENT OF SOCIAL SECURITY; UNITED STATES

DEPARTMENT OF AGRICULTURE; BUREAU OF ALCOHOL,

TOBACCO AND FIREARMS; UNITED STATES MILITARY;

VETERANS ADMINISTRATION; COUNTY OF AUGUSTA;

CITY OF STAUNTON, VIRGINIA,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (MISC-00-29-7)

Submitted: August 24, 2000 Decided: August 29, 2000

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.
2

John Paul Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

John Paul Turner appeals the district court’s order finding

that he had not complied with a prefiling injunction and denying

his motion to proceed in forma pauperis. We have reviewed the record and the district court’s opinion and find no reversible error.

Accordingly, we deny the motion for leave to proceed in forma pauperis and dismiss the appeal on the reasoning of the district

court. See Turner v. FBI, No. MISC-00-29-7 (W.D. Va. June 14,

2000). 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
EXHIBIT
32

Certification Pursuant to Section 1350 of
Chapter 63 of Title 18
of the United States Code

I,
Ralph Izzo, Chief Executive Officer of Public Service Enterprise Group
Incorporated, to the best of my knowledge, certify that (i) the Quarterly
Report of Public Service Enterprise Group Incorporated on Form 10-Q for the
period ended June 30, 2007 (the Report) fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of Public Service Enterprise
Group Incorporated.

| |  |                                               
| |  | ----------------------------------------------
| |  | /s/ Ralph
  Izzo                              
| |  |                                               
| |  | Ralph Izzo                                    
| |  | Public
  Service Enterprise Group Incorporated
| |  | Chief Executive
  Officer                     
| |  | August 1,
  2007                              

---
#### The People of the State of New York, Respondent, v Otis Chapman, Appellant.

Appeal by the defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered May 24, 1989.

Ordered that the judgment is affirmed *(see, People v Pellegrino,*60 NY2d 636). Mangano, P. J., Kunzeman, Hooper, Sullivan and O’Brien, JJ., concur.