alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
107TH CONGRESS

1ST SESSION H. R. 1552

AN ACT

To extend the moratorium enacted by the Internet

Tax Freedom Act through November 1, 2003,and for other purposes.
107TH CONGRESS

1ST SESSION H. R. 1552

AN ACT

To extend the moratorium enacted by the Internet Tax Freedom Act through November 1, 2003, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1552 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Internet Tax Non3 discrimination Act’’.

4 SEC. 2. EXTENSION OF INTERNET TAX FREEDOM ACT MOR5 ATORIUM.

6 Section 1101(a) of the Internet Tax Freedom Act (47

7 U.S.C. 151 note) is amended by striking ‘‘3 years after

8 the date of the enactment of this Act’’ and inserting ‘‘on

9 November 1, 2003’’.

Passed the House of Representatives October 16,

2001.

Attest:

Clerk.
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Page 54414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21930]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3291-EM]


Mississippi; Amendment No. 2 to Notice of an Emergency 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Mississippi (FEMA-3291-EM), dated August 30, 2008, and 
related determinations.

DATES: Effective Date: September 8, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective September 8, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21930 Filed 9-18-08; 8:45 am]
BILLING CODE 9110-10-P
<TABLE>
<CAPTION>


                                                                                                                        EXHIBIT 12.1


                                                 BROOKDALE LIVING COMMUNITIES, INC.

                                              STATEMENTS REGARDING COMPUTATION OF RATIO
                                                    OF EARNINGS TO FIXED CHARGES
                                                    (IN THOUSANDS, EXCEPT RATIOS)



                                                    Three months ended June 30,          Six months ended June 30,
                                                    ---------------------------        ----------------------------
                                                        2000            1999              2000              1999
                                                     ---------        ---------        ---------         ---------

EARNINGS
--------

<S>                                                  <C>              <C>              <C>               <C>
Income before income tax expense
  per consolidated financial statements............  $   1,983        $   4,148        $   6,853         $   8,484
Interest cost (1)..................................      9,406            8,253           18,366            15,739
Interest cost (capitalized)........................       (394)            (446)            (707)             (847)
Amortization of debt expense.......................        442              295              833               951
                                                     ---------        ---------        ---------         ---------
Earnings...........................................  $  11,437        $  12,250        $  25,345         $  24,327
                                                     =========        =========        =========         =========

FIXED CHARGES
-------------

Interest cost (1)..................................  $   9,406        $   8,253        $  18,366         $  15,739
Amortization of debt expense.......................        442              295              833               951
                                                     ---------        ---------        ---------         ---------
Total fixed charges................................  $   9,848        $   8,548        $  19,199         $  16,690
                                                     =========         ========        =========         =========

Ratio of earnings to fixed charges.................       1.16             1.43             1.32              1.46
                                                     =========        =========        =========         =========

Excess of earnings to fixed charges................  $   1,589        $   3,702        $   6,146         $   7,637
                                                     =========        =========        =========         =========

(1)  Includes portion of rent expense representative of interest expense.

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-6862

JAMES B. MITCHELL,

Plaintiff - Appellant,

versus

UNITED STATES MARSHALS SERVICE,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-95-251-AM)

Submitted: January 11, 1996 Decided: January 23, 1996

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

James B. Mitchell, Appellant Pro Se. Lynn M. Powalski, OFFICE OF

THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order granting

summary judgment to Appellee. We have reviewed the record and find

that the district court did not err in concluding that Appellant's

complaint failed to state a cognizable claim. However, because

Appellant failed to allege misconduct for which the United States

has waived its sovereign immunity, the district court should have

dismissed Appellant's complaint under Fed. R. Civ. P. 12(b)(1), for

lack of subject matter jurisdiction. See Williams v. United States,

50 F.3d 299, 301, 309-11 (4th Cir. 1995). Accordingly, we affirm

the district court's order as modified to reflect a dismissal for

lack of jurisdiction under Rule 12(b)(1). 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.

AFFIRMED AS MODIFIED
#### Sammy ESPINOZA RODRIGUEZ, Plaintiff-Appellant, v. Lepher JENKINS; Bill Cheatham; Sammy Buentello; Gary Johnson; Wayne Scott, Defendants-Appellees.

No. 03-50136.

United States Court of Appeals, Fifth Circuit.

Aug. 19, 2003.

*391Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM*

Sammy Espinoza Rodriguez, Texas prisoner # 459516, has filed a motion in this court to proceed *in forma pauperis*(IFP) following the district court’s denial of his IFP motion and certification that the appeal would not be taken in good faith. Rodriguez presents conclusional arguments that the defendants violated his constitutional rights and that his claims were not time-barred. He has not shown that his appeal would have arguable merit.

Further, a review of the record reveals that an appeal would be frivolous. His appeal is therefore DISMISSED AS FRIVOLOUS. *See Baugh v. Taylor,*117 F.3d 197, 202 n. 24 (5th Cir.1997). The district court’s dismissal of Rodriguez’s 42 U.S.C. § 1983 action and the dismissal of this appeal both count as strikes under 28 U.S.C. § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 385-87 (5th Cir.1996). Rodriguez is warned that if he accumulates a third strike, he may not proceed IFP 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. *See*28 U.S.C. § 1915(g).

IFP MOTION DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.

*

 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.
#### MAULE INDUSTRIES, Inc., a Florida corporation, Appellant, v. Matthew S. BANDLER, Marsor Corp., a Florida Corporation, Charles Robinson and Rose Robinson, His Wife, Atlantic Consolidated Builders Supply Co., Phil Keene, Keene Roofing Co., P. E. Barr, d/b/a Barr & Barr, Atlas Flooring, Inc., A A Septic Tank Co., Inc., Clifford C. Gregory and Lula Gregory, His Wife, Harry Edward Canty and Alice E. Canty, His Wife, Leroy Thomas Neimann and Annabelle E. Neimann, His Wife, William Paul Hambrick and Ruby Hambrick, His Wife, James P. Saunders, Jr. and Lois Margaret Saunders, His Wife, Emil A. Morris and Evelyn Morris, His Wife, and Sara Azoff, a Widow, Appellees.

Supreme Court of Florida. Special Division A.

Aug. 10, 1953.

Rehearing Denied Feb. 17, 1954.

Appeal from Circuit Court, Dade County; Vincent C. Giblin, Judge.

Affirmed.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          MAY-31-2000             MAY-31-1999
<PERIOD-START>                             JUN-01-1999             JUN-01-1998
<PERIOD-END>                               FEB-29-2000             FEB-28-1999
<CASH>                                       1,639,622               1,073,196
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  325,175                 136,277
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     77,748                 201,555
<CURRENT-ASSETS>                             2,049,270               1,420,284
<PP&E>                                       1,249,790               1,393,689
<DEPRECIATION>                                  84,497                 196,020
<TOTAL-ASSETS>                               5,692,259               4,447,720
<CURRENT-LIABILITIES>                        2,004,169               1,812,503
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                        3,495,191               3,488,665
<PREFERRED>                                          0                       0
<COMMON>                                     1,122,188                       0
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                 5,692,259               4,447,720
<SALES>                                        985,440                 696,088
<TOTAL-REVENUES>                            31,817,231              36,231,138
<CGS>                                        1,031,278                 505,559
<TOTAL-COSTS>                               31,863,069              36,040,609
<OTHER-EXPENSES>                             3,655,733               3,317,226
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             316,657                 421,672
<INCOME-PRETAX>                            (4,349,078)             (3,744,389)
<INCOME-TAX>                                     7,669                   2,400
<INCOME-CONTINUING>                        (4,356,747)             (3,746,789)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (4,356,747)             (3,746,789)
<EPS-BASIC>                                     (1.40)                  (1.07)
<EPS-DILUTED>                                        0                       0


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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1998 AND THE CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          16,393
<SECURITIES>                                         0
<RECEIVABLES>                                   13,696
<ALLOWANCES>                                       643
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,562
<PP&E>                                           4,668
<DEPRECIATION>                                   2,579
<TOTAL-ASSETS>                                  35,129
<CURRENT-LIABILITIES>                            7,659
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           117
<OTHER-SE>                                      26,545
<TOTAL-LIABILITY-AND-EQUITY>                    35,129
<SALES>                                              0
<TOTAL-REVENUES>                                19,681
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                16,335
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (425)
<INCOME-PRETAX>                                  3,771
<INCOME-TAX>                                     1,232
<INCOME-CONTINUING>                              2,539
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,539
<EPS-PRIMARY>                                     0.22
<EPS-DILUTED>                                     0.21
        

</TABLE>
<PAGE>

                                                                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 PGI Incorporated (the "Company")
on Form 10-QSB for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Laurence A. Schiffer, 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 to the best of my knowledge:

(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/ Laurence A. Schiffer
------------------------

    Laurence A. Schiffer
    Chief Financial Officer (Principal Financial Officer)
    August 13, 2004

<FN>
*A signed original of this written statement required by Section 906 has
 been provided to the Company and will be retained by the Company and will
 be furnished to the Securities and Exchange Commission or its staff upon
 request.
#### HOLMSTROM, to Use of EFENBERG, v. COMMISSIONER OF INTERNAL REVENUE.

No. 6626.

Circuit Court of Appeals, Third Circuit.

Dec. 29, 1937.

*748John N. Landberg, of Philadelphia, Pa., for appellant.

S. Dee Hanson, of Washington, D. C., for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and WATSON, District Judge.

BIGGS, Circuit Judge.

A petition has been filed with this court on behalf of Axel Holmstrom, to the use of Sophie (or Sophia) Efenberg, to review a decision of the Board of Tax Appeals determining deficiencies in individual income taxes and additional taxes for the calendar years 1920 to 1923, inclusive, due from Holmstrom as the taxpayer in the aggregate amount of $15,731.65.

In order to dispose of this controversy, we will treat the typewritten papers filed with the clerk of this court by the taxpayer-petitioner as fulfilling in substance the requirements of a record. The opinion of the Board of Tax Appeals, reported in 35 B.T.A. 1092, is made a part of such record, and that opinion is admitted by counsel for the petitioners as correctly setting out the facts of this case.

In its opinion the Board of Tax Appeals found, and on ample evidence, that the taxpayer-petitioner was a nonresident alien individual, an inventor who received income during the taxable years in question from the sale and licensing of machines embodying his invention, through the agency of a partnership in Philadelphia, Pa. The Board also found that the taxpayer-petitioner had filed no returns for the years involved.

It is obvious that, since the taxpayer-petitioner was not and is not an inhabitant of this or any other circuit and has filed no returns, this court has no jurisdiction of the cause, and an appeal from the decision of the Board of Tax Appeals lies solely to the Court of Appeals for the District of Columbia. Section 1002(a), Revenue Act of 1926, as amended by section 519(a), Revenue Act of 1934, 26 U.S.C.A. § 641(b).

Upon December 16, 1936, the taxpayer-petitioner executed an assignment to Sophie Efenberg, of Philadelphia, Pa., of his interest in any claim for refund of taxes due from the United States. She was not a party to the proceedings before the Board, and there is no showing that any cognizable interest in the case lies in her. See Spofford v. Kirk, 97 U.S. 484, 488, 24 L.Ed. 1032, discussing the purposes and effect of Section 3477 of the Revised Statutes, and H. M. O. Lumber Co. v. United States, D.C., 40 F.2d 544. Apparently it is urged upon us that, because Sophie Efenberg, an inhabitant of this circuit, has been named in the title of this cause on appeal, that the statutory provisions relating to the limitation of jurisdiction of this court referred to in the preceding paragraph are not applicable. 0

We cannot yield to this suggestion. Jurisdiction of an appeal cannot be conferred upon a Court of Appeals by assignment and the addition to the title of the cause of the name of a use-party who is an inhabitant of this circuit.

In view of this holding, it is unnecessary to pass upon any other question. The motion to dismiss the petition will be granted.
|Accountants Acknowledgment

Linens n Things, Inc.
Clifton, New Jersey
Board of Directors:
Re:  Registration Statements Numbers 333-71903,
        333-55803, 333-42874, 333-62982 and 333-62984
on Form S-8.

With respect to the subject
registration statements, we acknowledge our awareness of the use therein of our
report dated April 17, 2002 related to our review of interim financial
information.

Pursuant to Rule 436(c)
under the Securities Act of 1933, such report is not considered a part of a
registration statement prepared or certified by an accountant or a report
prepared or certified by an accountant within the meaning of sections 7 and 11
of the Act.

KPMG LLP
New York, New York
May 14, 2002
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff, 

vs. 

RIEK J. KUANY,

Defendant.

8:23CR107

ORDER

This matter is before the court on Defendant's MOTION FOR EXTENSION OF TIME 

TO FILE PRETRIAL MOTIONS [27]. For good cause shown, I find that the motion should be 

granted. Defendant will be given an approximate 30-day extension. Pretrial Motions shall be 

filed by August 8, 2023. 

IT IS ORDERED:

1. Defendant's MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL 

MOTIONS [27] is granted. Pretrial motions shall be filed on or before August 8, 2023.

2. The ends of justice have been served by granting such motion and outweigh the 

interests of the public and the defendant in a speedy trial. The additional time arising as a result 

of the granting of the motion, i.e., the time between July 11, 2023, and August 8, 2023, shall be 

deemed excludable time in any computation of time under the requirement of the Speedy Trial 

Act for the reason defendant's counsel required additional time to adequately prepare the case, 

taking into consideration due diligence of counsel, and the novelty and complexity of this case. 

The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 

3161(h)(7)(A) & (B).

Dated this 12th day of July, 2023.

BY THE COURT:

s/ Michael D. Nelson

United States Magistrate Judge

8:23-cr-00107-RFR-MDN Doc # 28 Filed: 07/12/23 Page 1 of 1 - Page ID # 48
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Michael DeAngelis

v. No. 06-fp-376

NH State Prison

O R D E R

Plaintiff’s request to proceed in forma pauperis is granted,

but pursuant to 28 U.S.C. § 1915, as amended, the filing fee must

be paid as follows: the sum of $5.40 is due no later than

November 17, 2006. In addition, 20% of each preceding month’s

income credited to plaintiff’s account to be remitted by the New

Hampshire State Prison when the amount in the account exceeds

$10.00 until the sum of $350.00 has been paid. Failure to pay

the fee as ordered will result in dismissal of the action without

prejudice. In all other respects plaintiff’s request for in

forma pauperis has been granted. 

This case has been assigned civil number 06-cv-376-PB. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: October 17, 2006

cc: Michael DeAngelis, pro se

 Bonnie S. Reed, Financial Administrator

 New Hampshire State Prison, Inmate Accounts

Case 1:06-cv-00376-PB Document 3 Filed 10/17/2006 Page 1 of 1

DeAngelis v. NH State Prison Doc. 3

Dockets.Justia.com